TERMS & CONDITIONS
Welcome to the LORAC Cosmetics, LLC (“LORAC”) website located at www.loraccosmetics.com (the “Site”). Please review these terms and conditions (“Terms”), which govern any interaction between us, whether on the Site or on a third party site where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, and Pinterest (“LORAC Channels”). Your use of a Site or LORAC Channel constitutes your agreement to follow and be bound by these Terms.
Certain other aspects of our services are described in additional policies, all of which are included in these Terms by reference. These other policies are referred to as “LORAC Policies” and include:
- Domestic FAQ (shipping and returns)
We are constantly updating the Site and our products to be on trend, which means that we sometimes make changes and improvements to the Site or a LORAC Channel or to these Terms or any LORAC Policy. We always post the date the applicable document was updated and your use of a Site or LORAC Channel following such date constitutes your agreement to the then current version.
Unless otherwise noted, the design of this Site, the Site as a whole, and all materials, including images, illustrations, designs, text, graphics, logos, button icons, and widgets displayed on the Site or any LORAC Channel (collectively, the “Content”) and all trademarks, logos, and service marks displayed on the Site or any LORAC Channel (collectively, the “Trademarks”) are the property of LORAC or a third party licensor and used under license, and are protected by United States and international copyright laws and treaties.
You may download or copy the Contents displayed on the Site or any LORAC Channel for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on the Site or applicable LORAC Channel. No right, title, or interest in any downloaded materials 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 Content or any Trademark for any purpose without our prior written consent. Requests for permission should be directed to LORAC Marketing via the contact us page or by calling customer service at 1-800-845-0705.
It may happen that the Content contains outdated or old information, typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct these and to change or update information or cancel orders in the event of any inaccuracy at any time without prior notice (including after you have submitted your order).
In addition, while we try our best to display the colors of our products as accurately as possible, the actual color you see will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate.
Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Site or any LORAC Channel have been evaluated by the U.S. Food and Drug Administration or any other country’s drug regulatory authorities and the results reported, if any, may not necessarily occur in all individuals.
Our cosmetics are not offered products to diagnose, treat, cure or prevent any condition or disease. The Site, LORAC Channels, and any Content available on either, are not a substitute for medical advice from your own health care practitioner. Please test all products before use.
It is strictly prohibited to use the Site or any LORAC Channel to harass or disparage LORAC, its personnel, products or services. No unsolicited email (spam) may be directed to or through the Site or any LORAC Channel.
You may not use any robot, spider, other automatic device or manual process to monitor or copy any Site, any LORAC Channel, or any Content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of any Site, any LORAC Channel, or any Content. By participating in any Site, any LORAC Channel, or any Content, you agree that you will not provide to LORAC, the Site, or any LORAC Channel any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any Content that may create liability for LORAC.
It is strictly prohibited to link other Site with the Site or any LORAC Channel without LORAC's prior written permission. LORAC has no responsibility and assumes no liability for the unaffiliated Site to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Site or any LORAC Channel or posted to the Site or any LORAC Channel by anyone other than LORAC. We may permit some links for convenience (such as to LORAC Channels), in which case the rules and privacy policies of linked Site (including LORAC Channels) may differ from those of LORAC and should be reviewed by you when you use the link to access the other site.
LORAC may use the APIs of various third party websites, including the LORAC Channels. Our Site are not verified by the LORAC Channels.
Disclaimer of Warranties
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY LORAC, THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT ARE PROVIDED "AS IS," AND “AS AVAILABLE”. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, LORAC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LORAC MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LORAC DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SITE, LORAC CHANNELS, OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SITE OR LORAC CHANNELS WILL MEET YOUR REQUIREMENTS; OR (C) THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT, OR THE SYSTEMS THAT MAKE THE SITE, LORAC CHANNELS, LORAC PRODUCTS, AND CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER LORAC NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. LORAC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 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 MAY NOT APPLY TO YOU.
Limitation of Liabilities
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LORAC EXCEED $1,000.00. IN NO EVENT SHALL LORAC BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SITE, ANY LORAC CHANNEL, OR ANY CONTENT INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY CONTENT REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF LORAC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNIFICATION".
You shall defend and indemnify LORAC and its third party providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against LORAC or its third party providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to your use of any Site, LORAC Channel, or Content.
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), LORAC reserves the right, but not the obligation, to terminate your right to use the Site if LORAC determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. LORAC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, LORAC has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of LORAC to receive notification of claimed infringement via the contact us page Attn: DMCA Agent, LORAC Cosmetics, LLC.
LORAC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By using the Site or any LORAC Channel, you acknowledge and agree that these Terms and the LORAC Policies constitute the complete and exclusive agreement between us concerning your use of any of the Site, LORAC Channel, or Content and supersede and govern all prior proposals, agreements, or other communications.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org.
Purchase Related Policies; Use of the Site
The products available on the Site, or promoted on any LORAC Channel, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms.
LORAC does not ship to freight forwarding companies or export agents.
We currently ship our products to the United States in accordance with these Terms
rights abuses and takes all reasonable steps to ensure the integrity of its supply chain.
Any action related to these Terms, including any LORAC Policy incorporated within these Terms, will be governed by California law and controlling U.S. Federal law. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms, any LORAC Policy, Site, or Content (and with respect to any LORAC Channel, to the extent permitted by the rules and policies of the third party that provides the LORAC Channel) (each a “Claim”) shall be subject to the exclusive jurisdiction of the state and federal courts located in Valencia, CA, and to arbitration as stated herein. At the request of LORAC, any Claim may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”).
The Act will apply even though these Terms provide that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control.
The arbitration shall be administered by JAMS and conducted in Valencia, CA. All Claims shall be determined by one arbitrator. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms. This paragraph does not limit the right of The Company to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys' fees.