GOO’A BEAUTY
TERMS OF SALE
1.Product Terms. (a)These GOO’A Beauty Terms of Sale (these “Terms”) are the only terms that govern the sale of goods and other products (collectively, “Products”) by GOO’A Beauty, Inc. (“GOO’A”) to any purchaser of such Products (each, a “Buyer”). Collectively, Buyer and GOO’A are referred to as the “Parties” and individually as “Party.” (b)Buyers may request orders for Products through: (i) GOO’A’s online purchasing portal made available through GOO’A’s website; or (ii) mutually executing a separate, written order form or transaction document governed by these Terms with GOO’A setting forth the prices and quantities of Products to be purchased. These Terms, together with any other terms contained in GOO’A’s product quotes, order confirmations, or other purchasing document provided to Buyer comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms supersede any of Buyer’s general terms and conditions of purchase or other terms issued by Buyer regardless of whether or when Buyer has submitted its purchase order or such terms. GOO’A expressly rejects Buyer’s general terms and conditions of purchase, and fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions or serve to modify or amend these Terms. Buyer’s acceptance of these Terms is a prerequisite to the purchase of the Products. (c)GOO’A may accept Buyer’s request for orders for Products by providing written acceptance of the applicable order or by shipping the requested number of Products and invoicing Buyer accordingly. GOO’A may reject or cancel any requested order at its discretion. 2.Delivery. (a)Once GOO’A accepts an order, the Products will be shipped within a reasonable time, subject to availability of the Products. Delivery dates given by GOO’A are estimates only and are subject to shipping variations and requirements. GOO’A shall not be liable for any delays, loss, or damage in transit. (b)GOO’A shall deliver the Products to ’the address provided by Buyer in the Order (the “Delivery Point”) using GOO’A’s standard methods for packaging and shipping such Products. (c)GOO’A may, in its sole discretion, without liability or penalty, make partial shipments of Products to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order. 3.Title and Risk of Loss. Title and risk of loss pass to Buyer upon delivery of the Products at the Delivery Point. As collateral security for the payment of the purchase price of the Products, Buyer hereby grants to GOO’A a lien on and security interest in and to all of the right, title, and interest of Buyer in, to, and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Florida Uniform Commercial Code. 4.Amendment and Modification. GOO’A may amend or modify these Terms at any time. Buyer’s transactions and purchase of Products in any particular order will be governed by the version of the Terms that were in effect at the time the order was accepted by GOO’A. Orders placed after GOO’A has modified these Terms will be governed by the then-current version of the Terms. Buyer’s acceptance of the modified Terms is a condition of purchasing any Products. Buyer may not amend or modify these Terms unless such amendment is set forth in writing and signed by an authorized representative of GOO’A and Buyer. 5.Price. (a)Buyer shall purchase the Products from GOO’A at the prices (the “Prices”) published by GOO’A or at such other Prices mutually agreed by GOO’A and Buyer in writing. (b)All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, GOO’A’s income, revenues, gross receipts, personnel, or real or personal property or other assets. The Prices include standard packaging. The Prices exclude shipping and insurance costs which are the responsibility of the Buyer. 6.Payment Terms. (a)Buyer shall pay GOO’A all amounts due at the time of Buyer places the Order unless the Parties mutually agree to other payment terms. All payments hereunder shall be in US dollars and made via the method specified by GOO’A at the time of sale. (b)Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law. Buyer shall reimburse GOO’A for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which GOO’A does not waive by the exercise of any rights hereunder), GOO’A shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for ten days following written notice thereof. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with GOO’A, whether relating to GOO’A’s breach, bankruptcy, or otherwise. 7.Limited Warranty. GOO’A represents and warrants to Buyer that, for a period of thirty (30) days from the date of shipment of the Products (the “Warranty Period”), the Products will materially conform to GOO’A’s published specifications in effect as of the date of manufacture. The warranties under this section do not apply where the Products have been: (i) subjected to abuse, misuse, neglect, negligence, accident, abnormal physical stress or environmental conditions, use contrary to any instructions issued by GOO’A, or improper testing, storage, or handling; (ii) altered by anyone other than GOO’A or its authorized representative; or (iii) used with any third-party product that has not been previously approved in writing by GOO’A. 8.Buyer’s Exclusive Remedy for Breach of Warranty. During the Warranty Period: (a)Buyer shall notify GOO’A, in writing, of any alleged warranty claim within three (3) days from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim (but in any event before the expiration of the applicable Warranty Period); (b)Buyer shall ship the relevant Products within seven (7) days of the date of its notice to GOO’A, to GOO’A’s facility located at PO Box 245244 Pembroke Pines, Florida 33024 for inspection and testing by GOO’A; (c)If GOO’A’s inspection and testing reveals, to GOO’A’s satisfaction, that such Products do not conform with the limited warranty set forth herein, GOO’A shall in its sole discretion, and at its expense (subject to Buyer’s compliance with this Section 8), either (i) repair or replace such Products, or (ii) credit or refund the Price of such Products less any applicable discounts, rebates, or credits; and (d)Buyer has no right to return for repair, replacement, credit, or refund any Products except as set forth in this Section 8. In no event shall Buyer reconstruct, repair, alter, or replace any Products, in whole or in part, either itself or by or through any third party. (e)THIS SECTION 8 SETS FORTH THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND GOO’A’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 7. 9.WARRANTIES DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7, THE PRODUCTS ARE PROVIDED “AS-IS” AND GOO’A MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY GOO’A, OR ANY OTHER INDIVIDUAL OR ENTITY ON GOO’A’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 7 OF THESE TERMS. 10.Limitation of Liability. (a)IN NO EVENT SHALL GOO’A OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THESE TERMS REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER GOO’A WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b)GOO’A’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO GOO’A PURSUANT TO THESE TERMS IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 11.Compliance with Law. Buyer shall at all times comply with all laws applicable these Terms, Buyer’s performance of its obligations hereunder, and Buyer’s use of the Products. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Products and (b) not engage in any activity or transaction involving the Products, by way of shipment, use, or otherwise, that violates any law. 12.Termination. In addition to any remedies that may be provided under these Terms, GOO’A may terminate these Terms with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under these Terms; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. 13.Waiver. No waiver by GOO’A of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by GOO’A. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms by GOO’A operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by GOO’A precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege by GOO’A. 14.Confidential Information. All non-public, confidential, or proprietary information of GOO’A, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by GOO’A to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with these Terms is confidential, solely for the use of performing these Terms and may not be disclosed or copied unless authorized in advance by GOO’A in writing. Upon GOO’A’s request, Buyer shall promptly return all documents and other materials received from GOO’A. GOO’A shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party. 15.GOO’A Intellectual Property. All trademarks, service marks, trade dress, trade names, slogans, and logos of GOO’A or that identify Products, and all patents, copyrights, trade secrets, moral rights, and other intellectual property rights of GOO’A (collectively, “GOO’A IP”), are and shall remain the sole and exclusive property of GOO’A. Nothing in these Terms shall be construed as granting to Buyer any license or other right in the GOO’A IP. 16.Force Majeure. GOO’A shall not be liable or responsible to Buyer or any third party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts beyond the GOO’A’s reasonable control, including without limitation, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) order or action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances;(h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of GOO’A. 17.Assignment. Buyer’s rights, interests, or obligations hereunder may not be assigned, transferred, or delegated by Buyer without the prior written consent of GOO’A. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under these Terms. 18.Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 19.No Third-Party Beneficiaries. These Terms benefit solely the Parties to these Terms. Nothing in these Terms, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. 20.Governing Law; Jurisdiction. These Terms are governed by, and construed in accordance with the laws of the State of Florida without giving effect to any conflict of laws provisions thereof. All legal proceedings shall be instituted in the state or federal courts of the State of Florida, whether located in or having jurisdiction over Broward County, Florida. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. 21.Notices. All notices shall be in writing at the address set for the below or to such other address for either party as that party may designate by written notice. All notices must be delivered by nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested). If to GOO’A: GOO’A Beauty, Inc. PO Box 245244Pembroke Pines, Florida 33024If to Buyer:The address provided by Buyer at the time of purchase. 22.Severability. If any term or provision of these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Website Terms of Use
Acceptance of the Terms of Use These terms of use are entered into by and between you and GOO’A Beauty, Inc. (“GOO’A,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.gooabeauty.com including any content, functionality, and services offered on or through www.gooabeauty.com (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.gooabeauty.com/privacypolicy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Accessing the Website and Account Security We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. You are responsible for both: ·Making all arrangements necessary for you to have access to the Website. ·Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Intellectual Property Rights The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GOO’A, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: ·Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. ·You may store files that are automatically cached by your Web browser for display enhancement purposes. ·You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. ·If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not: ·Modify copies of any materials from this site. ·Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. ·Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GOO’A. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Trademarks The GOO’A Beauty name, the GOO’A Beauty logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GOO’A or its affiliates or licensors. You must not use such marks without the prior written permission of GOO’A. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: ·In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). ·For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. ·To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. ·To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. ·To impersonate or attempt to impersonate GOO’A, a GOO’A employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). ·To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm GOO’A or users of the Website, or expose them to liability. Additionally, you agree not to: ·Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. ·Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. ·Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. ·Use any device, software, or routine that interferes with the proper working of the Website. ·Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. ·Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. ·Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. ·Otherwise attempt to interfere with the proper working of the Website. Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GOO’A, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GOO’A. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Online Purchases and Other Terms and Conditions For the avoidance of doubt, these Website Terms and Conditions only govern your use of the Website and any content provided herein. Your purchase and use of any products or services shown on the Website will be governed by separate terms and conditions, which may contain additional disclaimers regarding such products and services. Additional terms and conditions may also apply to specific portions, services, or features of the Website. Linking to the Website and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: ·Link from your own or certain third-party websites to certain content on this Website. ·Send emails or other communications with certain content, or links to certain content, on this Website. ·Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: ·Establish a link from any website that is not owned by you. ·Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. ·Link to any part of the Website other than the homepage. ·Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOO’A NOR ANY PERSON ASSOCIATED WITH GOO’A MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GOO’A NOR ANYONE ASSOCIATED WITH GOO’A REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, GOO’A HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GOO’A, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. Indemnification You agree to defend, indemnify, and hold harmless GOO’A, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the Broward County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Arbitration At GOO’A sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver by GOO’A of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GOO’A to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and GOO’A regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Your Comments and Concerns This website is operated by GOO’A Beauty Inc. PO Box 245244 Pembroke Pines, Florida 33024. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@gooabeauty.com.
Website Privacy Policy
Introduction The GOO’A Beauty Inc. (“GOO’A” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website gooabeauty.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect: ·On this Website. ·In email, text, and other electronic messages between you and this Website. ·When you interact with our advertising and applications on third-party websites and services. It does not apply to information collected by: ·Us offline or through any other means, including on any other website operated by GOO’A or any third party (including our affiliates and subsidiaries); or ·Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Children Under the Age of 18 Our Website is not intended for minors under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from persons under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at info@gooabeauty.com. Information We Collect About You and How We Collect It We collect several types of information from and about users of our Website, including information: ·By which you may be personally identified, such as name, postal address, email address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information”); ·That is about you but individually does not identify you; and/or ·About your internet connection, the equipment you use to access our Website, and usage details. We collect this information: ·Directly from you when you provide it to us. ·Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. ·From third parties, for example, our business partners. Information You Provide to Us The information we collect on or through our Website may include: ·Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website. ·Records and copies of your correspondence (including email addresses), if you contact us. ·Your responses to surveys that we might ask you to complete for research purposes. ·Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. ·Your search queries on the Website. Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: · Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. ·Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: ·Estimate our audience size and usage patterns. ·Store information about your preferences, allowing us to customize our Website according to your individual interests. ·Speed up your searches. ·Recognize you when you return to our Website. The technologies we use for this automatic data collection may include: ·Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. ·Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit GOO’A, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Third-Party Use of Cookies and Other Tracking Technologies Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information: ·To present our Website and its contents to you. ·To provide you with information, products, or services that you request from us. ·To fulfill any other purpose for which you provide it. ·To provide you with notices about your account, including expiration and renewal notices. ·To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. ·To notify you about changes to our Website or any products or services we offer or provide though it. ·To allow you to participate in interactive features on our Website. ·In any other way we may describe when you provide the information. ·For any other purpose with your consent. We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Disclosure of Your Information We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: ·To our subsidiaries and affiliates. ·To contractors, service providers, and other third parties we use to support our business. ·To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GOO’A’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by GOO’A about our Website users is among the assets transferred. ·To third parties to market their products or services to you. ·To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients. ·For any other purpose disclosed by us when you provide the information. ·With your consent. We may also disclose your personal information: ·To comply with any court order, law, or legal process, including to respond to any government or regulatory request. ·To enforce or apply our Terms of Use [INSERT AS LINK TO WEBSITE'S TERMS OF USE] and other agreements, including for billing and collection purposes. ·If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of GOO’A, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Data Security We may implement reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Changes to Our Privacy Policy It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Contact Information To ask questions or comment about this privacy policy and our privacy practices, contact us at: GOO’A Beauty Inc. PO Box 24544Pembroke Pines, Florida 33024 Email address: info@gooabeauty.com.