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Last Modified: 01.16.2017

Alima Cosmetics, Inc. Terms of Use

These terms of use are entered into by and between you and Alima Cosmetics, Inc. (“Alima Cosmetics”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your access to and use of www.alimapure.com, including any content, functionality, and services offered on or through www.alimapure.com (the “Site”) , whether as a guest or a registered user.

PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE SITE.

General

We may from time to time change these Terms of Use that governs your use of our Site. YOUR USE OF OUR SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. We may change, move or delete portions of, or may add to, our Site, and any changes are effective immediately upon posting to the Site. You acknowledge and agree that these Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of our Site, and supersede and govern all prior proposals, agreements, or other communications.

Privacy

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.

Website contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Alima Cosmetics collectively. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Alima Cosmetics.

All Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Ordering Policy

Each time you purchase from Alima Cosmetics, you acknowledge that you have read and accept our Customer Care policies.

For additional policies related to orders placed through our Site (such as order processing, shipping and handling, returns and exchanges), please visit our Customer Care Desk.

User comments, feedback and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions (including any audio or video recordings, and still images) disclosed, submitted or offered to Alima Cosmetics on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments") shall be and remain the property of Alima Cosmetics. You hereby assign all worldwide rights, titles and interests in all copyrights and other intellectual properties in and to such Comments to Alima Cosmetics. Thus, Alima Cosmetics will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. You represent and warrant that no Comments submitted by you to the Site will violate any third party right, including copyright, trademark, trade secret, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make or submit.

Your Account

You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms of Use or if we decide, in our sole discretion, that it would be in Alima Cosmetics' best interests to do so.

Prohibited Activities

You agree to use our Site in a manner consistent with all rules, laws and regulations and in accordance with these Terms of Use. You warrant and represent that your Comments and your activities on the Site do not and will not violate the Terms of Use or the rights of any third party. You also acknowledge and agree to the following:

• You will not use any robot, spider, computer script or other means to access, retrieve, scrape, data mine or index any portion of the Site;

• You will not take any action on the Site in any manner that is designed to interfere, disrupt, damage, disable, overburden or limit the functionality or performance of any software, hardware, telecommunications equipment or the Site, including without limitation submitting any virus, trojan horses, worms, or any other program or code;

• You will not circumvent or modify the Site security technology or software;

• You will not use automated scripts to collect information from, or otherwise interact with, the Site;

• You will not impersonate any person or entity (including merchants) or misrepresent yourself, your age or your affiliation with any person or entity;

• You will not attempt to use another user’s account, username or password; and

• You will not “stalk,” intimidate, abuse, harm or harass any other user of the Site.

If we believe that you have engaged in any of these prohibited activities, we may, at our sole discretion, bar your access to the Site; remove your Comments; and/or seek legal remedies against you.

Links to other websites and services

To the extent that this Site contains links to outside services and resources, the availability and content of which Alima Cosmetics does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Eligibility – Users under 18

Our Site is intended solely for users who are 13 years of age or older; it is a violation of the Terms of Use for anyone under 13 to use the Site. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to use the Site and post any Comments. We reserve the right to deny access to the Site to any user at any time, in our sole discretion.

Mobile Services

The Site may provide services and features that are available for use on certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.

International Users

We control and operate the Site from our offices in the United States. We do not represent that any content displayed on the Site is lawful or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.

Copyright Notice and Takedown

If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at customercare@alimapure.com.

Warranty Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Medical Information

Alima Cosmetics products are not intended to diagnose, treat, cure, or prevent any disease or condition. Any attempt to treat a medical condition should be supervised by a qualified medical professional. You are responsible for ensuring that our products are suitable for your own needs and are used correctly. This includes avoiding products that include ingredients to which you are intolerant, sensitive or may react.

Limitation of Liability

ALIMA COSMETICS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE WEBSITE CONTENT; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; OR (IV ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF OUR OTHER SERVICES. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITES AND/OR CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.

You acknowledge, by your use of the Site, that you assume responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Alima Cosmetics shall not be liable for any economic damages related to your use of this Site.

YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE SITE, CONTENT OR YOUR COMMENTS IS TO STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED US $100.00.

Indemnification

You agree to defend, indemnify and hold Alima Cosmetics harmless from and against any and all claims, actions, proceedings, economic damages, penalties, costs and expenses, including attorney's fees, arising from or related to your use of the Site. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITE AND/OR CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD. RESOLVING DISPUTES

If a dispute should arise between you and Alima Cosmetics, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at customercare@alimapure.com or by phone at 503-786-8224 If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Alima Cosmetics agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Alima Cosmetics’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, Alima Cosmetics may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms of Use shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use to arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Alima Cosmetics must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com.

(2) Send three copies of the demand for arbitration, plus the appropriate filing fee to your local JAMS office.

(3) Send one copy of the demand for arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Alima Cosmetics will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Alima Cosmetics will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Multnomah County, Oregon, or any other location we mutually agree to, subject to Oregon law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Alima Cosmetics, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Alima Cosmetics The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Alima Cosmetics in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ALIMA COSMETICS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Alima Cosmetics at customercare@alimapure.com and providing the requested information as follows: (1)your name; (2) the URL of these Terms of Use; (3) your address; (4) your phone number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use (together, the “Opt-Out Notice”). The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Site.

CHOICE OF LAW/FORUM SELECTION.

In any circumstances where these Terms of Use permits the parties to litigate in court, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Multnomah County, Oregon or federal court of competent jurisdiction in the District Court of Oregon.

Miscellaneous

• No Waiver -- Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the Terms of Use.

• Assignment -- We may assign our rights and duties under the Terms of Use to any party at any time without notice to you. You may not sell, assign or otherwise transfer any of your rights or obligations under the Terms of Use to anyone.

• Severability -- The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: customercare@alimapure.com.

 

 

 

 

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