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Terms of Service

TERMS OF USE LIP N POUR

  1. Introduction

These are the Terms of Use (“Terms of Use” or “Agreement”) for your use of services or features on the website(s) owned or controlled by Lip N Pour LLC, (“Company”), including www.LipNPour.com (the “Website”). We may add additional websites from time to time, and these Terms of Use will govern those new websites when added.  You may be accessing the Website from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company.  The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website (“Products”), or use other services made available through the Site.

BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR WEBSITE.

  1. Intellectual Property Rights

The content on the Website (“Company Content”) and the trademarks, service marks and logos on the Website (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark and other intellectual property rights under United States, Canada and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Company Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Site and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

  1. Product Information

The Products displayed on the Website can be ordered and delivered only within the United States and select countries. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by Company is intended to be used for personal, educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Webite, it should be only after the legal or parental guardian has discussed the Product with the minor's doctor.

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company without the written concern from the owner. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion.

Except where prohibited by law, Company may limit the number of Products available for purchase.

  1. Color Information

While Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  1. Purchases; Payment

Company bills you through an online billing account for purchases of Products and/or services. You agree to pay Company all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars. To the fullest extent permissible by applicable law, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Returns and Exchanges

Please review the Return and Exchanges policy posted on the Website prior to making any purchases.

  1. Mobile Services

If you access the Website via your mobile phone or tablet device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Third Party Content and Third Party Sites

We also like to interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube ("Third Party Sites"). Our Terms of Use and other areas of our Website may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with services that involve Third Party Sites, but Company does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Company does not own or control, or to the actions of people that Company does not employ or manage. You should always check the terms of use posted on Third Party Sites. Company may also provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Company does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Company, do not necessarily reflect the views of Company.

  1. User Representations

Regarding Your Registration
By registering an account on the Website, you represent and warrant that:

  • all registration information you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • you will keep your password confidential and will be responsible for all use of your password and account;
  • you are not a minor in the jurisdiction in which you reside; and
  • your use of the Website does not violate any applicable law or regulation.

Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

10. Prohibited Activities

You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to: 

  • attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  • attempting to impersonate another user or person or using the username of another user;
  • criminal or tortious activity;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
  • deleting the copyright or other proprietary rights notice from any Website content;
  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
  • harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any services to you;
  • interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  • making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • selling or otherwise transferring your user profile;
  • systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  • tricking, defrauding or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
  • using any information obtained from the Website in order to harass, abuse, or harm another person;
  • using the Website or data or other content from the Website as part of any effort to compete with Company or to provide services; and
  • using the Website in a manner inconsistent with any and all applicable laws and regulations.

If you have any concerns with, or do not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address and resolve your concerns. Feel free to contact us by email address at hello@lipnpour.com and we will respond within 48 hours.

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