Please carefully read the following terms and conditions governing your use (including access, browsing and/or use of any interactive features) of those portions of the SIIA website accessible at www.siiacosmetics.com, as well as and including any other SIIA website or web pages accessible through the SIIA website or other promotional website SIIA hosts or sponsors such as pages on third party social networking services, directed at consumers in the United States and abroad, including those portions of the SIIA website accessible by going to www.siiacosmetics.com, the “Site”.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Use of the Site is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Site and you agree to be bound by such changes.
2. OWNERSHIP RIGHTS/USE OF SITE MATERIALS
SIIA, Inc. and/or its worldwide affiliates (“SIIA”) own all right, title and interest in and to the Site and/or own the content and applications on the Site (including on social network website).
SIIA owns all copyrights for all material on the Site or has a valid right from a third party to use the material on the Site. SIIA also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site or has a valid right from a third party to use any such material. Any modification or use of the materials from the Site for any purpose not explicitly permitted is a violation of SIIA's copyright and other proprietary rights.
No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of SIIA. This prohibition also includes framing any content from the Site, as well as unauthorized linking.
3. DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Site are at your own risk. Neither SIIA nor any party representing or otherwise affiliated with SIIA in creating or presenting the Site are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Site, except where such liability or damage is the result of SIIA’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Site is provided to you on a basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
5. ACCURACY OF INFORMATION
SIIA takes reasonable steps to ensure the accuracy of the information included in the Site. However, SIIA takes no responsibility for errors or omissions in the content of the Site and does not guarantee the accuracy, completeness or timeliness of information provided on the Site. Information provided on the Site is subject to change at any time without prior notice.
When applicable, prices displayed on the SIIA website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Prices remain subject to change without notice.
7. NO WAIVER
The failure on the part of SIIA to enforce any part of these Terms shall not constitute a waiver of any of SIIA's rights hereunder for past or future actions.
By submitting a question, comment, communication or other content (“Statement”) to siiacosmetics.com (the “Site”), you hereby grant SIIA the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other SIIA website and applications, third party site, and social networking site), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in SIIA’s email marketing campaigns and newsletters.
You warrant and represent that all of the Statements you have made regarding SIIA and/or its products are true and accurately reflect your honest opinion of and experience with SIIA and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify SIIA immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of SIIA nor are you a paid spokesperson for SIIA.
You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed.
You further agree that the Statements made by you may be modified and/or altered by SIIA to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.
SIIA expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:
- Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
- Advertisements, content, or references to other products, offers, or website.
- Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
- Email addresses, URLs, phone numbers, physical addresses, or other forms of contact information.
- Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
- Discussion of medical conditions or claims of medical effectiveness.
- Content that is false or misleading.
- Content that is unlawful or promotes unlawful activities.
SIIA will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.
9. AGREEMENT TO ARBITRATE DISPUTES
The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SIIA will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.
NO CLASS ACTIONS. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and SIIA alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION.
If you initiate a litigation or any other proceeding against SIIA in violation of this paragraph, and SIIA is the prevailing party in any such litigation or proceeding, you agree to pay SIIA’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
REPRESENTATIVE PAGA WAIVER. Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law:
- (1) you and SIIA expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), in any court or in arbitration, and
- (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and SIIA agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”).
Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason:
- (i) the unenforceable provision shall be severed from these Terms;
- (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining Covered Disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and
- (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Covered Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Covered Disputes, the Parties agree that litigation of those Covered Disputes shall be stayed pending the outcome of any individual Covered Disputes in arbitration.
EXCEPTIONS TO ARBITRATION. This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (9 U.S.C. sec. 1-16).
OPT-OUT OF AGREEMENT TO ARBITRATE. You can reject this Agreement to Arbitrate by emailing SIIA and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the SIIA Site.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Tarrant in the State of Texas. You agree not to raise the defense of forum. Severability If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
BY USING THE SITE, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
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