KAYO BETTER BODY CARE

TERMS AND CONDITIONS OF WEBSITE USE



Last Updated: December 3, 2016

 

Table of Contents:

  1. General
  2. License to Use Site
  3. E-Mails
  4. Copyright Protection
  5. Trademark Protection
  6. User Reviews, Comments, Feedback and Other Submissions
  7. Product Descriptions
  8. Links to Other Web Sites and Services
  9. Pricing Information
  10. Disclaimer of Warranties and Limitation of Liability
  11. Account Information
  12. Governing Law; Disputes
  13. Termination
  14. Privacy
  15. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
  16. LIMITED TIME TO FILE CLAIMS
  17. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
  18. Contact Information

 

  1. General

C+C Cosmetics, LLC dba Kayo Better Body Care (referred to as “we” or “Kayo”) welcomes you to the kayobetterbodycare.com website (the “Website” or “Site”). Please review the following Terms and Conditions (“Terms and Conditions”) governing your use of our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. We may modify these Terms and Conditions or other policies set forth on the Site from time to time. When we modify these Terms and Conditions, we will update the “Last Updated” line above.

 

It is your responsibility to regularly review these Terms and Conditions. Your use of the Site following the posting of an updated Terms and Conditions constitutes your acceptance of such updated Terms and Conditions.

 

The information provided by our Website is intended solely for informational purposes and is not intended to be used for medical diagnostic purposes or to serve as a recommendation for treatment and/or management of any medical condition. Information on our Website should not be used in place of consultation with a physician or other qualified health care provider.

 

  1. License to Use Site

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of our Website. You may not download (other than page caching) or modify any content from our Website. This license does not include the right to any resale or commercial use of any content on this website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of our Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Kayo (including images, text, page layout, or form) without our express written consent. You may not use any meta tags, meta names or any other "hidden text" that uses our name or trademarks without our express written consent. Any unauthorized use of our Website will terminate the license.

 

  1. E-Mails

When you visit kayobetterbodycare.com or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by electronic mail, a general notice posted on the Kayo Site, or by written communication delivered by overnight courier or US mail sent to the mailing address we have for you in our records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

 

  1. Copyright Protection

All content included on our Website, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, belongs to us or our content suppliers and is protected by United States and international copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on our Website is also our exclusive property and is protected by United States and international copyright laws. You may use the content on our website as a personal shopping and/or information resource. Any other use, including any reproduction, modification, distribution, transmission, republication, display or performance of our Website content for commercial purposes, is strictly prohibited. We maintain a copyright piracy surveillance program and we vigorously enforce our ownership rights in our Website content.

 

Our Website as a whole is protected by copyright and trade dress rights, which we own.

  1. Trademark Protection

Kayo”, “Kayo Better Body Care”, “Face Grade Body Care”, “Face Grade” and other marks, logos, and icons used on our Website are trademarks or trade dress owned by us protected by the laws of the United States and other countries. Such trademarks and trade dress may not be used in connection with a third party’s product or service in any manner that is likely to cause confusion as to source, or in any manner that disparages or dilutes the strength of those trademarks. Nothing contained in these Terms and Conditions or on our Website should be construed as granting any license or right to use any trademark appearing on the Website without our express written permission.

 

  1. User Reviews, Comments, Feedback and Other Submissions

We are free to use and disclose all reviews comments, feedback or other submissions you send to us concerning the materials contained on our Website or the products offered on this Website. Except for information subject to our Privacy Policy that identifies you personally, no communications you send us concerning our products or the content of our Website will be treated as confidential. We may reproduce, use, disclose and distribute such communications freely, and without limitation or obligation. While we generally will display reviews in their original form, we retain the right, in our sole discretion, to edit those reviews by shortening them.

 

  1. Product Descriptions

From time to time our Website may contain typographical errors, inaccuracies, or omissions relating to product 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. We apologize for any inconvenience this may cause you. If a product offered by kayobetterbodycare.com is not as described, your remedy is to return it in its unused condition for a refund.

  1. Links to Other Web Sites and Services

For your convenience, our Website may provide links to third-party websites. We do not assume any responsibility for the (a) content of, (b) technology implemented by, or (c) privacy practices of these sites.   You use those third-party sites at your own risk. You should review each site’s privacy policy and terms of use before you use or register on the site. Just because a link to a third-party site is available on our website does not mean we endorse that site. Because we do not control the availability or content of third-party sites any concerns regarding any such website, service or resource; any link to that site; or the treatment of your personal information should be directed to the particular site.

 

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

 

  1. Pricing Information

The prices on our Website are displayed in U.S. Dollars and are valid and effective only in the United States.

 

10        Disclaimer of Warranties and Limitation of Liability

OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK.

 

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE E-MAIL WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE INFORMATION ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.

 

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.

 

  1. Account Information

If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our Website only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

  1. Governing Law; Disputes

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 15, you hereby consent and submit to the personal jurisdiction in the state courts located in Los Angeles County, California and the federal courts located in Los Angeles County, California. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of Kayo to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted herein.

 

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 17.

 

  1. Termination

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time provided that you discontinue any further use of our Website. We also may terminate this Agreement at any time, and may deny you access to our Website if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from our Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

  1. Privacy

We respect the privacy of our customers. Please read our  which is designed to help you understand the ways in which we collect, use, disclose and otherwise manage the personal information you provide to us.

 

  1. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

In order to expedite and control the cost of disputes, you and Kayo agree that any legal or equitable claim relating to use of this Site or the purchase of any Kayo product from this Site (referred to as a “Claim”) will be resolved as follows:

 

  1. A. INFORMAL RESOLUTION:

You and Kayo will first attempt to resolve any Claim informally. In the event that any dispute between Kayo and you arises out of or relates to these Terms and Conditions, the applicability of these Terms and Conditions to the use of any Kayo Site, or purchase of any Kayo products from this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to C+C Cosmetics, LLC, 6540 Dume Drive, Malibu CA 90265, and email a copy to info@KayoBetterBodyCare.com.

 

  1. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms and Conditions, the applicability of these Terms and Conditions as to the use of any Kayo Site, or the purchase of any Kayo products from this Site, or to breach or enforcement, interpretation or validity of these Terms and Conditions, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.

 

If you and Kayo cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Kayo understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Kayo each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.

 

The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Kayo agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and Kayo agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and Kayo both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Kayo 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: JAMS [to your local JAMS office] or to JAMS, 1601 Cloverfield Blvd., Suite 370s, Santa Monica, CA 90404.

 

(3) Send one copy of the Demand for Arbitration to the other party.

 

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Kayo shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Kayo agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, you may assert an individual Claim in small claims court in lieu of Arbitration.

 

  1. LIMITED TIME TO FILE CLAIMS

You agree that you will assert any Claim arising out of your use of any Kayo Site or the purchase of any Kayo product from this Site within one (1) year after the Claim arises, or such Claim will be barred.

 

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

 

  1. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE

            If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 8, 10, 12, and 16 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Kayo reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 15(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

 

  1. Contact Information

                  Kayo Better Body Care

Info@KAYOBetterBodyCare.com

Malibu, California