Welcome to Eyelashes!
Last updated: March 19, 2019
The website located at www.alleyelashes.com, its sub-domains, and certain affiliated websites (the “Site”) is a collection of various intellectual properties that belong to Yoad Development and Technology 2014 LTD, and its agents, employees, contractors, affiliates, subsidiaries, parent company, and other related companies (“Eyelashes”, “Us”, “Our”, and “We”). Our Site is protected by the United States and foreign copyright, trademark, trade dress, trade secrets, patents (as may be issued) and other intellectual property laws.
Eyelashes provides websites, and related sub-domains, mobile and/or software applications that host content related to cannabis and the cannabinoid cannabidiol (CBD), located in the cannabis plant, and related products, which include reviews and ratings provided by us and its users, directories of cannabis dispensaries, products, and cannabis and CBD-related news stories and other articles (collectively, with all other services provided through the Site, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Services or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- IMPORTANT DISCLAIMERS.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY EYELASHES ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. EYELASHES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). EYELASHES IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY PRODUCT RETAILER, SUPPLIER, WHOLESALER, DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. EYELASHES IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE. DO YOUR OWN DUE DILIGENCE AND RESEARCH REGARDING ANY PRODUCT OR SERVICE YOU ARE INTERESTED IN TO MAKE SURE THAT SUCH IS PROPER AND FITTING FOR YOUR NEEDS.
EYELASHES DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF EYELASHES’ SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES WITHOUT LIMITATION, THIRD PARTY MATERIALS, USER CONTENT, AND EYELASHES -GENERATED CONTENT DERIVED FROM USER CONTENT. THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA EYELASHES’ SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON EYELASHES’ SOCIAL MEDIA PAGES AND CHANNELS. IF YOU ARE HAVING A MEDICAL EMERGENCY CALL 911 OR THE SAME OR SIMILAR EMERGENCY LINE IN YOUR OWN AREA.
USER EXPRESSLY ACKNOWLEDGES THAT EYELASHES IS FOR RESIDENTS WITH LAWS REGULATING THE LAWFUL USE OF MEDICAL OR RECREATIONAL CANNABIS AND/OR CBD AND THAT MEDICAL CANNABIS COLLECTIVES AND PATIENTS ARE ESTABLISHED PURSUANT TO THEIR RESPECTIVE LOCAL, STATE, AND/OR COUNTRY LAWS. YOU UNDERSTAND THAT THE U.S. FEDERAL GOVERNMENT HAS CLASSIFIED MARIJUANA AND MARIJUANA EXTRACTS AS SCHEDULE 1 CONTROLLED SUBSTANCES. U.S. FEDERAL LAW PROHIBITS THE MANUFACTURE, DISTRIBUTION, AND POSSESSION OF MARIJUANA AND MARIJUANA EXTRACTS. FURTHERMORE, MARIJUANA AND ITS EXTRACTS HAVE NOT BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR MARKETING AS A DRUG. THEREFORE THE “MANUFACTURE” OF MARIJUANA OR MARIJUANA EXTRACTS, INCLUDING CBD, FOR MEDICAL OR RECREATIONAL USE MAY NOT BE SUBJECT TO ANY STANDARDS, QUALITY CONTROL, OR OTHER OVERSIGHT. MARIJUANA MAY CONTAIN UNKNOWN QUANTITIES OF ACTIVE INGREDIENTS, IMPURITIES, CONTAMINANTS AND SUBSTANCES IN ADDITION TO THC, WHICH IS THE PRIMARY PSYCHOACTIVE CHEMICAL COMPONENT OF MARIJUANA.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.
By accessing or using the Services, you represent and warrant that: (a) you are at least 21 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Eyelashes and are not using the Services for reasons that are in competition with Eyelashes or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the U.S. Commerce Department’s Table of Deny Orders.
3.1 Account Creation. Although Eyelashes does not currently require it, in the future, you may be required to register for an account with Eyelashes (“Eyelashes Account”) in order to use certain features of the Site (e.g., to use the Services) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not create more than one Eyelashes Account. You may delete your Eyelashes Account at any time, for any reason, by contacting us at email@example.com. Eyelashes may suspend or terminate your Eyelashes Account in accordance with Section 6.5 or Section 12.
3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Eyelashes. Account login information and are fully responsible for all activities that occur under your Eyelashes Account. You agree to immediately notify Eyelashes of any unauthorized use, or suspected unauthorized use of your Eyelashes Account or any other breach of security. Eyelashes cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
- SITE AND MOBILE APP
4.1 License. Subject to the terms of this Agreement, Eyelashes grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, Eyelashes grants you a non-transferable, non-exclusive, license to install and use the software Eyelashes makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
4.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof; and (e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
4.3 Modification. Eyelashes reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without prior notice to you. You agree that Eyelashes will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
4.4 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress and trade secrets, in the Site and Services are owned by Eyelashes or Eyelashes’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Eyelashes and its suppliers reserve all rights not granted in this Agreement.
4.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third party app platform from which you received the Mobile App, e.g., the Apple App Store® (“App Platform”). You acknowledge that this Agreement is between you and Eyelashes and not with the App Platform. Eyelashes, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
4.6.1 Text Messaging. By using the Services, you agree that Eyelashes and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Eyelashes, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on Eyelashes, communications concerning promotions run by us, our third-party partners, or Affiliates (defined below) and news concerning Eyelashes and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Eyelashes. If you change or deactivate the phone number you provided to Eyelashes, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
4.2 Opt-Out. You may opt-out of receiving text messages from Eyelashes at any time by making such a request to firstname.lastname@example.org. You may continue to receive text messages for a short period while the Eyelashes processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
4.3 Opting Back In. You may opt back into receiving text messages from Eyelashes at any time by making such a request to email@example.com
4.4 Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
- USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information. You acknowledge and agree that Eyelashes is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Eyelashes does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Eyelashes does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Eyelashes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
5.2 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Eyelashes. Because you alone are responsible for your User Content (and not Eyelashes), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Eyelashes is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
5.4 Feedback. If you provide Eyelashes any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Eyelashes all rights in the Feedback and agree that Eyelashes shall have the right to use such Feedback and related information in any manner it deems appropriate. Eyelashes will treat any Feedback you provide to Eyelashes as non-confidential and non-proprietary. You agree that you will not submit to Eyelashes any information or ideas that you consider to be confidential or proprietary.
5.5 Testimonials and Comments. In accordance with the FTC guidelines, please be aware of the following:
Testimonials and comments appearing on the Site are received in various forms via a variety of submission methods. The testimonials and comments reflect the real-life experiences of individuals. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials are not necessarily representative of what anyone else using cannabis-related products may experience. The people giving testimonials on the Site may have been compensated, including with free products or discounts for use of their experiences. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. We are not responsible for the opinions or comments posted on the Site, and we do not necessarily share the opinions, views or commentary of postings on the Site. All opinions expressed are strictly the views of the poster, reviewer or reader.
Unless otherwise stated, the testimonials, products discussed and statements made on the Site have not been evaluated by the FDA and are not intended to diagnose, treat, mitigate, cure or prevent any disease. We do not make any claims about the testimonials or products discussed or guarantee any results. You should always check with your physician before starting a new supplement or health product.
- ACCEPTABLE USE POLICY.
The following sets forth Eyelashes’ “Acceptable Use Policy”:
6.1 General Restrictions. You agree not to use the Site, Services, or any of Eyelashes’ social media pages or channels to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, indecent, patently offensive (e.g., material that promotes racism, bigotry, intolerance, threats, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
6.2 Reviews. You agree not to post reviews on the Site, Services, or any of Eyelashes’ social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Eyelashes’ social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements and/or links to external websites, (d) contain personally identifying or disparaging information about any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products.
You will not use any review to promote a competing product or service that is not represented on our site. Comparisons with products and services that are not offered on our site, with products or services that are offered on our site, in the content of a review, is forbidden. Do not provide links to other sites that promote businesses, products or services that are not are not listed on our site. Reviewers sometimes do this for the sole purpose of promoting one of the competitors to our advertisers, and it is not allowed.
6.3 Photos. Image files must exclusively feature the products they illustrate and must not include nude body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6. You understand that Eyelashes has the right to modify, crop or “photoshop” any photos you submit to comply with Eyelashes’ policies, practices and procedures. Photographs must not contain any misleading or false content. You must have the legal right to use any photo or artwork that you post.
6.4 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Eyelashes or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
6.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review and edit, or reject and remove, any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Eyelashes Account in accordance with Section 12, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold Eyelashes (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Eyelashes reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Eyelashes. Eyelashes will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE
8.1 Third-Party Interactions. During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, Eyelashes is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. Eyelashes shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
8.2 Third Party Materials. The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as products and Deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that Eyelashes is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Eyelashes does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Material.
8.3 Deals. The Site, Services or communications might display, include or make available coupons, promotional codes, giveaways, services, samples, and other offers from listed dispensaries, medical providers, third party physicians or medical practices (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. Eyelashes displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not Eyelashes, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not. From time to time, we may also offer free trials or other promotions (a “Promotion”). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. You must cancel your subscription before the end of the promotion period in order to avoid being automatically charged for subscription fees.
8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and/or Third Party Materials. Because we do not control User Content and/or Third Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third Party Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third Party Materials, and we assume no responsibility for any User Content and/or Third Party Materials. Your interactions with other Site or Services users (including Dispensaries) are solely between you and such user. You agree that Eyelashes will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Services user, we are under no obligation to become involved.
8.5 Release. You hereby release and forever discharge Eyelashes (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users, Third-Party interactions or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EYELASHES (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EYELASHES (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EYELASHES’ (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID EYELASHES IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11.1 General. The Site is a professional information and review resource that accepts free products, cash advertising, sponsorship, paid insertions or other forms of compensation from affiliate, promotion, sponsorship, advertising and marketing partners (“Affiliates”). We test Affiliate products, provide honest opinions and give high marks to the best. We are independently owned and the opinions expressed here are Our own.
11.2 Purchases. The Site contains links to Affiliates and their products. If you purchase through one of those links, We may receive a commission, which is necessary to allow Eyelashes to continue to deliver the content on the Site. We may publish our Affiliates’ promotional offers with different features and different rates to any of our users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. You acknowledge and agree that any purchase is solely between you and the Affiliate, and not Eyelashes. You acknowledge and agree that (i) We have no obligation whatsoever to furnish any support services with respect to your purchase or relationship with an Affiliate; (ii) We are not responsible for addressing any claims you have or any claims of any third-party relating to an Affiliate, including your Affiliate purchase, or your possession and use of an Affiliate or third-party product, including, but not limited to: (A) product liability claims; (B) any claim that the Affiliate or third-party product fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation; and (iv) any claims, losses, liabilities, damages, costs or expenses attributable to an Affiliate, including an Affiliate Purchase, will be the sole responsibility of the Affiliate, and not Eyelashes.
- TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Eyelashes Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Eyelashes Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Eyelashes Account on any of its services involves deletion of your User Content associated therewith from our Site, Services, and live databases. Eyelashes will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Eyelashes Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1,3,7,9,10,13,14.6.
- COPYRIGHT POLICY
Eyelashes respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed please contact us at firstname.lastname@example.org by sending a formal DMCA notice.
14.1 No Support or Maintenance. You acknowledge and agree that Eyelashes will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court in Tel-Aviv, Israel, all disputes between you and Eyelashes arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND EYELASHES AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Eyelashes makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Eyelashes. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Tel-Aviv, Israel. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of Israel, without regard to conflict of law provisions.
14.3.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 14.8 below.
14.3.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.3.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14.4 Copyright/Trademark Information. Copyright © 2019, Yoad Development and Technology 2014 LTD. All rights reserved. Eyelashes®; the Eyelashes logo; the Eyelashes colors used in combination; the Eyelashes tile designs (collectively, the “Marks”) and any other trade name or slogan contained in the Services are trademarks or service marks of Eyelashes are trademarks of Yoad Development and Technology 2014 LTD. You acknowledge and agree that You are not permitted to use Eyelashes’ Marks or any third party marks displayed on our site without prior written consent from, respectively, Eyelashes, or the owners of such third-party marks.
14.5 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Eyelashes of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Eyelashes. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Eyelashes’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14.7 Language of the Agreement. The language of this Agreement is English. Where Eyelashes has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Eyelashes. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
14.8 Contact Information: