Terms of service
Welcome to Million Lashes LLC’s Training!!!
TERMS OF SERVICE
Effective Date: August 7, 2020
Date of Last Revision: August 7, 2020
1.1 Definitions. Million Lashes LLC (“Million Lashes,” “we,” “us,” “our”) provides its literary and artistic work, including, but not limited to all written, audio, and video materials (“Training Content”) to You through its website located at millionlashes.pro/ (the “Site”) and through its related services (collectively, the Site and its related services, including any new features and applications are hereinafter referred to as the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE TRAINING CONTENT AND SERVICES, PARTICULARLY SECTIONS 7 – 10.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify You, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Training Content or Services after the date any such changes become effective constitutes Your acceptance of the new Terms of Service.
- Access and Use of the Service
2.1 Use Description: Any use of the Services and any Training Content viewed through our Services other than as specifically authorized herein is strictly prohibited. The Services and any Training Content viewed through our Services, is solely for Your personal and non-commercial use. With Your purchase of any Training Content, we grant You a limited, non-exclusive, non-transferable, license to access the Training Content and view Your course(s) through the Services on a streaming-only basis for that limited purpose. Except for the foregoing limited license, all other rights are reserved by Million Lashes. No right, title, or interest shall be transferred to You.
Any unauthorized display, licensure, publication, duplication, reproduction, copying, modification, creation of derivative works from, editing, distribution, exhibition, renting, exchanging, hiring, lending, sale, resale, transfer, upload, performance, diffusion, and/or broadcasting, in whole or in part, of any of the Training Content or Services, including use and access to the Training Content and Services, unless expressly authorized by law, or in writing by the Million Lashes, is strictly prohibited and any such action establishes liability for a civil action and may give rise to criminal prosecution.
Million Lashes may revoke Your license and terminate Your account at any time in its sole discretion. Upon such revocation, You must promptly destroy all Training Content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.3 Member Account, Password and Security: You may never use another's account, and You may not provide another person with the username and password to access Your Account. You are fully responsible for any and all activities that occur under Your Account, and it is Your responsibility to ensure that the username and password to Your Account remains confidential and secure. You agree to (a) immediately notify Million Lashes of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You sign out from Your Account at the end of each session when accessing the Training Content or Services. Million Lashes will not be liable for any loss or damage arising from Your failure to comply with this Section.
2.4 Modifications to Training Content and Services: Million Lashes reserves the right to modify or discontinue, temporarily or permanently, its Training Content and Services (or any part thereof) with or without notice. You agree that Million Lashes will not be liable to You or to any third party for any modification, suspension, or discontinuance of its Training Content or Services. We have no obligation to retain the Training Content or Services for any period of time beyond what may be required by applicable law.
2.5 Mobile Services: The Services may include certain services that are available via a mobile device, including: (i) the ability to browse the Services from a mobile device; and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent You access the Services through a mobile device, Your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices.
2.6 No Refunds: ALL PURCHASES OF TRAINING CONTENT ARE FINAL. WE DO NOT PROVIDE CREDIT OR REFUNDS FOR ANY PURCHASE OF TRAINING CONTENT, UNLESS REQUIRED TO DO SO BY ANY APPLICABLE LAW.
If you purchase any Training Content through a third-party marketplace, the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Million Lashes. Except as otherwise explicitly stated by Million Lashes, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Million Lashes will have no refund obligations. Million Lashes disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
- Conditions of Use
3.1 User Conduct: You agree to not use the Services to: (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ii) violate any applicable local, state, national or international law, or any regulations having the force of law; or (iii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
3.2 Fees: To the extent the Training Content or any portion thereof is made available for a fee, You will be required to provide Million Lashes and its third-party payment processor (e.g. Square) information regarding Your credit card or other payment instrument. You represent and warrant to Million Lashes that such information is true and that You are authorized to use the payment instrument. You agree to pay Million Lashes the amount that is specified for the Training Content that You purchase and in accordance the Terms of Service. We reserve the right to change Million Lashes' prices. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Million Lashes' net income.
- Intellectual Property Rights
4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Training Content and Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Million Lashes, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Training Content, Service, or the Service Content, in whole or in part. In connection with Your use of the Training Content, Services, and Services Content, You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by Million Lashes from accessing the Training Content or Services (including blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address). Any use of the Training Content, Services, or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Million Lashes, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Million Lashes.
The Million Lashes name and logos are trademarks and service marks of Million Lashes (collectively the “Million Lashes Trademarks”). Other service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Million Lashes. Nothing in this Terms of Service, Training Content, or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Million Lashes Trademarks displayed on the Training Content or Services, without our prior written permission in each instance. All goodwill generated from the use of Million Lashes Trademarks will inure to our exclusive benefit.
4.2 User Content Transmitted: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Training Content or Service (“Submissions”), provided by You to Million Lashes, its affiliated companies or partners are non-confidential and Million Lashes, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
You acknowledge and agree that Million Lashes may preserve Submissions and may also disclose Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms of Service; (iii) respond to claims that any Training Content or Services violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Million Lashes, its users and the public. You understand that the technical processing and transmission of the Training Content and Services, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
4.3 Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, Million Lashes has adopted a policy of terminating, in appropriate circumstances and at Million Lashes's sole discretion, users who it deems to be repeat infringers. Million Lashes may also at its sole discretion limit access to the Training Content and Services and/or terminate the accounts, with no refund or credit given, of any users who infringe any intellectual property rights or Terms of Service, whether or not there is any repeat infringement.
- Third Party Websites
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Million Lashes has no control over such sites and resources and Million Lashes is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Million Lashes will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Training Content or Services are between You and the third party, and You agree that Million Lashes is not liable for any loss or claim that You may have against any such third party.
- Indemnity and Release
To the fullest extent permitted by law, You agree to release, indemnify and hold harmless Million Lashes and its affiliates and their officers, employees, directors and agent from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Training Content and Services, Your connection to the Services, Your violation of these Terms of Service, or Your violation of any rights of another.
- Disclaimer of Warranties
YOUR USE OF MILLION LASHES’ TRAINING CONTENT AND SERVICES IS AT YOUR SOLE RISK. THE TRAINING CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MILLION LASHES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MILLION LASHES MAKES NO WARRANTY THAT (I) THE TRAINING CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE TRAINING CONTENT OR SERVICES GRANT ANY VOCATIONAL LICENSE (III) THE TRAINING CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE TRAINING CONTENT OR SERVICES ARE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY TRAINING CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM MILLION LASHES WILL MEET YOUR EXPECTATIONS.
- No Vocational License.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO VOCATIONAL LICENSE IS AQUIRED BY YOU BY PURCHASE, VIEWING, OR COMPLETION OF ANY OF MILLION LASHES’ TRAINING CONTENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILLION LASHES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MILLION LASHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE TRAINING CONTENT OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA; (IV) STATEMENTS OR CONDUCT OF MILLION LASHES ON ITS TRAINING CONTENT OR SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE TRAINING CONTENT OR SERVICES. IN NO EVENT WILL MILLION LASHES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MILLION LASHES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRAINING CONTENT OR SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE USE OF THE SERVICES.
- Dispute Resolution; Class Action Waiver
You and Million Lashes acknowledge and agree that any and all claims, disputes, or controversies between You and Million Lashes shall be interpreted in accordance with Florida law, without regard to its conflict of law provisions. With respect to any claims, disputes, or controversies between You and Million Lashes, it is further agreed by You and Million Lashes to submit to the personal and exclusively jurisdiction of the state and federal courts located within Miami-Dade County, Florida for any action, suit, or proceeding (other than appeals therefrom).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE RESOLUTION PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MILLION LASHES REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE PURCHASE OF TRAINING CONTENT AND THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Million Lashes, in its sole discretion, may suspend or terminate Your Account (or any part thereof) or use of the Training Content or Services, for any reason, including, but not limited to if Million Lashes believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Training Content or Services, may be referred to appropriate law enforcement authorities. Million Lashes may also in its sole discretion and at any time discontinue providing the Training Content or Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Training Content or Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Million Lashes may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files, Training Content, or the Services. Further, You agree that Million Lashes will not be liable to You or any third party for any termination of Your access to the Training Content or Services.
These Terms of Service constitute the entire agreement between You and Million Lashes and govern Your use of the Training Content and Services, superseding any prior agreements between You and Million Lashes with respect to the Training Content and Services. You also may be subject to additional terms and conditions that may apply when You use affiliate or third party services, third party content or third party software.
The failure of Million Lashes to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in any proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Million Lashes, but Million Lashes may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to You may be made via either email or regular mail. Under no circumstances shall Million Lashes be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Services may also provide notices to You of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
- Questions? Concerns? Suggestions?
Please contact us at 690 SW 1ST Court, Miami, Florida, 33130 or firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service, Training Content, or the Services.