Last Updated: September 29, 2025
This website, https://dazzledry.com/, and various related websites (“Site”) is operated by VB Cosmetics, Inc. Throughout the Site, the terms “we”, “us”, and “our” refer to VB Cosmetics, Inc. VB Cosmetics, Inc. provides this Site, including all information, materials, tools, products, and services (collectively, the “Services”) available from this Site (together with the Services, the “Site and Services”). By accessing or using the Site, you, the user, agree to be bound by all terms and conditions stated in these Terms of Service (“Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink, and any and all updates to the foregoing as we may provide from time to time. These Terms apply to and govern the access of all users of the Site and Services, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the Terms, then you may not, and we do not authorize you to, access or use the Site and Services or any features provided therein.
These Terms are important and affect your legal rights, so please read them carefully (including the Arbitration, Class Action Waiver, and Jury Trial Waiver provisions in Section 9 of these Terms). Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
For further information that describes how we handle the personal information you provide to us when you use the Site and Services, please review our Privacy Policy on this website.
Section 1 - MODIFICATIONS TO THE SITE AND SERVICES, AND PRICES
Occasionally there may be incorrect information on our Site and Services, such as typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability, or other materials or information. We reserve the right to correct any incorrect information, and to change or update information or cancel orders if any information on the Site and Services is incorrect, at any time without prior notice (including after you have submitted a purchase order). Prices for our Services are subject to change without notice. We are not liable for any modification, price change, suspension or discontinuance of the Site and Services.
We may revise, update, change, or replace these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Site and Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. It is your responsibility to check our Site and Services periodically for changes. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse, or use the Site and Services, you agree to any revised Terms. If you do not agree to all revised Terms, you may not and we do not authorize you to use the Site and Services. We strongly recommend that you periodically visit this page to review these Terms.
Section 2 – PRODUCTS, SERVICES, AND LIMITATIONS ON RESALE
Certain products or services may be available exclusively online through the Site and Services. These Services may have limited quantities and are subject to return or exchange only, according to our Return Policy, found at https://dazzledry.com/pages/dazzle-dry-shipping. We have made every effort to display as accurately as possible the colors and images of our Services that appear on the Site and Services. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or pricing are subject to change at any time without notice. We reserve the right to discontinue any Service at any time. Any offer for any Service on this Site and Services is void where prohibited. We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations.
This Site and Services is solely for retail sales, and Services purchased here are intended to be only for personal use or as gifts from the purchaser to another individual. Services purchased here may not be resold in a store, salon, or online. You are expressly prohibited from using the term DAZZLE DRY or VB COSMETICS for any resale of Services.
SECTION 3 – ORDERS AND RETURNS
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. For information about returns, please review our Returns Policy at https://dazzledry.com/pages/dazzle-dry-shipping.
SECTION 4 – YOUR ACCOUNT; ACCURACY OF BILLING AND ACCOUNT INFORMATION
4.1 Age of Majority
By using this Site and Services and accepting these Terms, you represent that you have the legal authority to do so and that you are at least 18 years of age or older the age of majority in your state of residence (the “Age of Majority”). If you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you have accepted these Terms on behalf of any of your minor dependents, you represent that you have the legal authority to do so, that you are the Age of Majority, and that you have given us your consent to allow any of your minor dependents to use this Site and Services.
4.2 Your Representations
By accessing or using the Site and Services, you represent and warrant that you (a) have not previously been suspended or removed from the Site and Services or engaged in any activity that could result in suspension or removal from the Site and Services, (b) you will only provide us with true, accurate, current and complete information if you register for an account and/or purchases (defined below), (c) you will provide current, complete, and accurate purchase and account information for all purchases made at our Site and Services, and (d) you will maintain promptly update, as necessary, your account and other information, including your email address, credit card numbers, address, expiration dates, so that we can complete your transactions and contact you as needed. If we believe or suspect that your information is not true, accurate, or complete, we may deny your access to the Site and Services (or any portion thereof).
4.3 Account Requirements
When you set up an Account, you are required to provide accurate and complete account information, which you may not transfer to another party. Each Account registration is for a single user only. If someone accesses our Site and Services using your account information, we will assume that it is you who is accessing the Site and Services. You agree to be responsible for any use of your account information, all purchases and activities that occur using the information, and any acts or omissions of any third party who has authority to access or use the Site and Services on your behalf. We reserve the right to take any action to ensure the security of the Site and Services, including terminating your Account or requesting additional information to authorize purchases or returns. You agree to notify us immediately in writing if you learn or suspect any security breaches relating to the Site and Services or that your account information is being used without authorization.
4.4 Consent to Communications
By providing information and/or answering questions to access or use the Site and Services, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site and Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Accessing our Site via a mobile device does not incur charges from us; however, your mobile carrier’s standard rates and fees, such as text messaging and data charges, may apply. Check with your carrier for details. You are responsible for any charges incurred. Not all devices or carriers are supported. We and our service providers are not liable for delayed or undelivered messages. You may opt out of receiving text messages from us by replying “STOP” to any text message you receive. Please note that this will only opt you out of the specific text messaging program associated with that number. If you discontinue use of your mobile number, you must opt out of all programs and services associated with that number before ending use. To stop receiving promotional postal mail, you may email orders@vbcosmetics.com.
SECTION 5 - THIRD-PARTY WEBSITES; PAYMENTS;
5.1 Third-Party Websites
The products and services offered through the Site and Services are for entertainment purposes only. You may not use the Site and Services for any illegal or unauthorized purpose.
The Site and Services may contain advertising banners and related links to other sites and resources provided by third parties (“Third-Party Sites”). Any links to third-party websites are provided only as a convenience to you and are neither owned nor operated by us. Nothing in the Site and Services, including, without limitation, any links to other websites, advertising, or related services or product offering, should be construed as an endorsement by us of any products, services, or information of any other persons or companies. We do not control, endorse, review, or make any representations or warranties regarding Third-Party Sites or the products, services, or content available on them and are not responsible or liable for any content, accuracy, statements, or losses arising from your use; your choice to access a link to any other website is entirely at your own risk and subject to the terms and conditions of use for such websites, and you agree to comply with all terms and conditions relating to such websites. We reserve the right not to link, or to remove the link, to a particular website at any time.
For certain products or services you may be asked to make payments through a third-party payment service provider such as Shopify ("Merchant Services"). You represent and warrant that any and all financial information you provide is accurate and up to date and that you have authority to authorize any such payment you make through Merchant Services. Your use of any Merchant Services will be governed exclusively by Merchant Services' terms and conditions. You understand and agree that we are not responsible for your obligations nor any third party's obligations relating to any Merchant Services, including any delays, cancellations, or issues that may arise during or after your purchase, and we specifically disclaim any liability relating thereto, and that your use of the information, products, and services provided by Merchant Services is at your own risk. By making a purchase through the Site and Services, you agree to thoroughly review and be bound by the terms and conditions of any applicable Merchant Services. You understand that we have no control or responsibility related to any Merchant Services or any agreements or relationships you may enter into with such Merchant Services. You understand and agree that your use of the products and services is at your own risk. Complaints, claims, concerns, or questions regarding third-party websites, products, or services must be directed to the third-party.
5.2 Orders and Acceptance
You agree that any purchase you make constitutes an offer to buy all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may, in our sole discretion, limit or cancel orders or particular quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, using the same payment method, and/or using the same billing or shipping address. You represent and warrant that charges incurred by you will be honored by your credit card company or payment provider. By placing an order, you represent and warrant that you agree to pay the posted prices, applicable taxes, shipping and handling, and any other disclosed charges, regardless of the amount quoted on the Site and Services at the time of your order.
5.3 Prices and Payment Terms
All purchases and subscriptions through the Site and Services or other transactions for the sale of goods, services, or information formed through our website, or resulting from visits made by you, are governed by these Terms, and any other terms provided to you by us, any third party billing service provider (such as Shopify), or any other third party service provider relating to your use of the Site and Services. Additional terms and conditions may also apply to specific portions, products, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
We may offer, from time to time, promotions on the Site and Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, these Terms will govern. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your use of the Site and Services or to these Terms.
Certain features of the Site and Services, including the purchase or sale of certain products, services, or subscriptions, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specified in these Terms or the applicable policy. We are not responsible for any unfavorable exchange rate fluctuations that may impact any refund.
Prices are determined solely and exclusively by us. All prices, discounts, and promotions posted through the Site and Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed as set out in your order confirmation email. Price changes will only apply to orders placed after such price change. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and your order confirmation email.
We strive to display accurate price information; however, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We encourage you to check our pricing page periodically for current pricing information. We reserve the right to determine and change pricing and fees for the Site and Services, with advance notice where required by applicable law. In addition to the amount due for the Site and Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.
5.4 Taxes, Payment Methods, and Authorizations
You authorize us and our authorized agents and third-party service providers to charge the payment method you specify for all sums for the orders that you make through the Site and Services, including all applicable taxes, and to effect any payments you authorize through the Site and Services, including both charges for orders and any other authorized charges. If you pay any fees with a credit card, then we or Merchant Services providers may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you are permitted to save a payment method (such as a credit card) or any account with a payment feature as part of your account with us, you authorize us to save and maintain such payment method or specified account and use it for the payment of various fees and amounts related to your purchase of products or use of the Site and Services. In some instances, we may have an obligation to add federal, state, local or foreign sales or use tax to the purchase price of products, services, and/or subscriptions. We may withhold such taxes as shall be required to be withheld pursuant to any applicable law or regulation, as determined in our sole discretion. In such cases, we will list the appropriate taxes, and charge and collect them as part of the transaction and either remit the taxes to the applicable taxing authority or transmit the collected taxes for remittance and reporting to tax authorities, as applicable.
5.5 Refunds, Credits, and Chargebacks
All refund requests shall be subject to the applicable policy for the specific product or service purchased. We reserve the right to deny any refund requests that do not comply with the applicable policy or these Terms. If you or your Account are subject to a high level of chargebacks, returns, refund requests, payment network imposed fines, fees, or assessments, or we are otherwise required to do so by our third party payment processor, we have the right to pass any such fines, fees, or assessments on to you and terminate your account and access to the Site and Services, in our sole discretion. You remain solely liable for all chargebacks, returns, or refunds. In the event we have reason to believe that your Account is engaged in fraudulent or other unauthorized activity, you agree that, in addition to any other remedies set forth in these Terms, we have the right to reverse any payments made to you by our payment processor without notice to you and you agree that you are solely responsible for any such fraudulent activity.
5.6 Account Holds, Suspension, and Termination
We are not a financial institution. We are required to comply with certain requirements as part of our own compliance policies and due to commitments and relationships we have with various third parties, including banks, payment processors, and other financial institutions with which we work. We reserve the right, in our sole discretion, to suspend or terminate any account you may have that is associated with the Site and Services. Without limiting the generality of the foregoing, we may, in our sole discretion or as directed by law enforcement, a regulatory agency, or any financial institution or third-party payment processor with which we work, suspend or place a hold on an account. Any suspension or hold on an account may delay the settlement or distribution of any funds owed associated with such account. In the event that we suspend or hold an account pursuant to this provision, we will do so for no longer than is commercially reasonable, and in no event longer than one hundred eighty (180) days; provided, however, that in the event that such suspension or hold on an account is directed by law enforcement, a regulatory agency, or any financial institution or third-party payment processor with which we work, then such suspension or hold shall remain in place for so long as we are directed by such party. Without limiting anything in the foregoing, we may suspend or pause your account while performing any applicable or necessary regulatory reviews being conducted by us or our financial institution or payment processing partners. To the extent reasonably necessary to do so, and if required by applicable law or the instructions of any relevant third-party, we will provide you with prior notice of any such termination or suspension of your account. However, we shall have the right to terminate or suspend your account without notice upon your violation of these Terms or if we have reason to believe there is fraud, unauthorized use, or any amount due but unpaid associated with your account.
SECTION 6 - INTELLECTUAL PROPERTY AND CONTENT RIGHTS
6.1 User Content
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Site and Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information made public through the Site and Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Site and Services or to our pages or feeds on third-party social media platforms (e.g., our Facebook page, LinkedIn page, YouTube, or X (formerly Twitter) feed, or other similar platforms), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, in any manner or media, including third-party social media platforms, and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes. However, we will only share personal information that you provide in accordance with our Privacy Policy.
You agree that we may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting our rights or property, our customers, or the public.
6.2 Feedback
Separate and apart from User Content, if you send certain specific submissions (for example contest entries) with or without a request from us, or you send creative ideas, comments, information, images, data, graphics, video, suggestions, proposals, plans, questions, or other original or creative materials or information about us, our Site, or our Services, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that Feedback shall become our sole property, that we shall own exclusive rights in and to Feedback, including, without limitation, all intellectual property rights, and we shall be entitled to and may, at any time, without restriction, edit, copy, publish, distribute, translate, disseminate, and otherwise use in any medium and for any purpose, commercial or otherwise, any Feedback that you send without acknowledgment or compensation to you. We are and shall be under no obligation (1) to maintain any such comments in confidence; (2) to pay compensation for any Feedback; or (3) to respond to or use any Feedback.
6.3 Restrictions for User Content
We reserve the right, and may, but have no obligation to, at any time and for any reason, screen, monitor, edit, or remove User Content or content in Feedback posted or stored on the Site and Services that we determine in our sole discretion is improper, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property, or this Terms of Service. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site and Services at your sole cost and expense.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically, or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes, misappropriates, or violates any intellectual property right of any third party, including copyright, patent, trademark, privacy, right of publicity, trade secret, or other personal or proprietary right; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, computer virus, or malware that that is designed to disable, delete, modify, damage, or erase software, hardware, or data, or could in any way affect the operation of the Site and Services; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party, and do not endorse any such User Content. You should not construe our publication of any content found on the Site and Services as an endorsement by us of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.
6.4 Our Intellectual Property Rights
The VB Cosmetics, Inc. logo, and any other VB Cosmetics, Inc. Services names, trademarks, service marks, logos, other indicia that may appear on the Site and Services, (“Marks”) are the property of VB Cosmetics, Inc. or its subsidiaries, affiliates, or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. The Site and Services, and all of its contents and other materials contained therein, including, without limitation, any and all text, photographs, designs, layout, images, graphics, videos, audio, software, information, data, Marks, other files, or the selection and arrangement thereof (“Content”), excluding User Content, are the property of VB Cosmetics, Inc. or our licensors or users, as applicable, and are protected by copyright, trademark and other laws of the United States, as well as international conventions and copyright and the laws of other countries. The Site and Services, its contents, and its intellectual property are owned by VB Cosmetics, Inc. Nothing contained in these Terms and/or the Site and Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks or Content without the prior written permission of VB Cosmetics, Inc. or such third party that may own such Marks or Content.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell, or use commercially the Site and Services or Content, (b) distribute, publicly perform, or publicly display the Site and Services or any Content, (c) modify or otherwise make any derivative uses of the Site and Services or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site and Services or Content, except as expressly permitted by us, (f) use the Site and Services to stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; (g) interfere with the Site and Services or servers or networks used in connection with the Site and Services; or (h) use the Site and Services or Content other than for their intended purposes.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view, and make personal, non-commercial use of the Site and Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site and Services or Content under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
Except as otherwise provided in these Terms, you will not directly or indirectly, use, publish, reproduce, display, create derivative works from, reverse engineer, copy, post, save, transmit, modify, adapt, perform, distribute, broadcast, sell, license, or otherwise exploit the Site and Services and Content or any portion thereof. Nor will you use any trademark, service mark, or logo appearing on the Site and Services. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content.
Any use of the Site and Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of VB Cosmetics, Inc. or any third party, whether by estoppel, implication or otherwise.
6.5 Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site and Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and Services, or of any related websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site and Services or any other website; or (l) to sell or resell products. We reserve the right to terminate your use of the Site and Services for violating any of the prohibited uses.
6.6 Claims Regarding Copyright Infringement
If you are a copyright owner or authorized agent and believe in good faith that any content on the Site and Services infringes your copyright or trademark, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright interest that is purportedly infringed; (b) a description of the copyrighted work alleged to have been infringed; (c) a description of where the material that is allegedly infringing is located on the Site and Services; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that all the information in the notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. Any such notice should be emailed to us at legal@vbcosmetics.com. After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
7.1 Disclaimer of Warranties
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE AND SERVICES OR THE SERVERS THAT MAKE THE SITE AND SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, COMPLETE, USEFUL, OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AND SERVICES, OR ANY PART, PRODUCT, OR SERVICE, AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND SERVICES IS AT YOUR SOLE RISK.
THE SITE AND SERVICES, USER CONTENT, CONTENT DELIVERED TO YOU THROUGH THE SITE AND SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, DURABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT, AND WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES. BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.
7.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VB COSMETICS, INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY (I) INJURY, LOSS, OR CLAIM, (II) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (III) LOST PROFITS, LOST REVENUE, LOST INCOME, LOST SAVINGS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, REPLACEMENT COSTS, DAMAGES FOR BUSINESS INTERRUPTION, OR ANY SIMILAR DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (A) THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), (B) YOUR ACCESS OR USE OF ANY OF THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, LINKS TO THIRD-PARTY WEBSITES, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT), (C) THE ORDER, RECEIPT, OR USE ANY PRODUCTS OR SERVICES PROCURED USING THE SITE AND SERVICES, OR (D) ANY LOSS OR DAMAGE OF ANY KIND INCURRED OR ANY EVENTS BEYOND OUR REASONABLE CONTROL, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF. FOR ANY STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
SECTION 8 – INDEMNIFICATION
You agree to indemnify, defend at our sole option, and hold harmless VB Cosmetics, Inc. and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (the “Indemnified Parties”), harmless from and against any and all losses, damages, liabilities, costs, claims, or demands, including reasonable attorneys’ fees (“Losses”), incurred by the Indemnified Parties resulting from any claim, suit, action, or proceeding made by any third party due to, relating to, or arising out of your use of the Site and Services or any features thereof, any User Content, any Feedback, your breach or violation of these Terms or the documents or terms they incorporate by reference, any other act or omission by you, or your violation of any law or the rights of a third party. You further agree that we shall have control of the defense or settlement of any third-party claims unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and VB Cosmetics, Inc.
SECTION 9 – ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND VB COSMETICS, INC. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SITE AND SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER THE AAA RULES GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and VB Cosmetics, Inc. agree that any in-person arbitral hearing would occur in Phoenix, Arizona. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Further, unless both you and VB Cosmetics, Inc. agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. By agreeing to these Terms, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and VB Cosmetics, Inc. are each waiving the right to a trial by jury and/or to participate in a class action.
This arbitration provision shall survive termination of these Terms and the termination of your use of the Site and Services. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
REGARDLESS OF THE FORUM, YOU AND VB COSMETICS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of arbitration only as relates to your participation in the Dazzle Dry Loyalty Program. You must send written notice to orders@dazzledry.com within thirty (30) days of enrolling in the Dazzle Dry Loyalty Program in order to exercise your right to opt out of arbitration as pertains to the Dazzle Dry Loyalty Program, and your failure to provide such written notice of your opting out within that time shall forever waive your right to opt out of arbitration thereunder.
SECTION 10 - GOVERNING LAW AND VENUE
We operate the Site and Services from Chandler, Arizona, United States of America (U.S.A.). If you are located outside of the U.S.A. and you contact us, please be advised that any information you provide to us will be transferred to the U.S.A. and that by submitting information, you explicitly authorize such transfer. These Terms, the transactions they contemplate, and any separate agreements, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by and construed in accordance with the laws of the State of Arizona, within the United States of America, including its statutes of limitations, but without reference to its conflict choice of laws principles.
In the event of any claim or dispute arising out of or regarding these Terms, the existence, breach, termination, enforcement, interpretation, or validity thereof, or your access to or use of the Site and Services at any time (“Claim or Dispute”), you agree to arbitrate such claim or dispute as provided under Section 9 of these Terms.
If the arbitration provision in Section 9 of these Terms is held to be unenforceable or invalid for any reason, or if you have provided timely written notice opting out of arbitration as to the Loyalty Program, then you agree that the sole and exclusive jurisdiction and venue for any such Claim or Dispute shall be the appropriate state or federal court located in Maricopa County, Arizona, no matter where the alleged harm, damage, or loss occurred, and you hereby waive any right to contest jurisdiction due to inconvenient forum. You consent to the jurisdiction of these courts with respect to any such dispute.
Further, unless both you and VB Cosmetics, Inc. agree otherwise, the court may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. By agreeing to these Terms, you agree that you and VB Cosmetics, Inc. are each waiving the right to a trial by jury and/or to participate in a class action.
REGARDLESS OF THE FORUM, YOU AND VB COSMETICS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NEITHER PARTY SHALL BE ENTITLED TO A TRIAL BY JURY.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION WITH OR WITHOUT CAUSE
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.
We reserve the right in our sole discretion to terminate, modify, discontinue, or suspend, temporarily or permanently, the Site and Services or your right to access or use the Site and Services, delete your profile and any content or information that you have posted on the Site and Services, and/or prohibit you from using or accessing the Site and Services (or any portion, aspect or feature of the Site and Services) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site and Services, and you acknowledge and agree that in such event we shall have no liability or obligation to you. If you wish to terminate your account, you may do so by following the instructions on the Site and Services. In the event of termination, you will still be bound by your obligations under these Terms.
SECTION 13 - ENTIRE AGREEMENT
These Terms, all policies and terms referenced herein and any policies linked herein, and any policies or operating rules posted by us on this Site and Services, constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance. Our failure to assert, exercise, or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
These Terms shall govern all transactions, services, products, and interactions between the parties. In the event of any conflict, inconsistency, or discrepancy between the terms of the Terms and any agreement, terms, or policies (including, but not limited, to the Loyalty Program Terms), these Terms shall control and take precedence unless the other document: (i) specifically identifies the Terms by name and date, (ii) explicitly identifies the provision(s) of Terms being superseded, and (iii) expressly states its intention to supersede such identified Terms provision(s).
SECTION 14 – NOTICE
All notices, demands, or consents given by you to us under these Terms will be in writing and will be deemed given when delivered to us at the following contact: legal@vbcosmetics.com. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Site and Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
SECTION 15 – QUESTIONS AND CONTACT INFORMATION
General questions about the Terms should be sent to us at legal@vbcosmetics.com.
Contact Us: VB Cosmetics, Inc., 6511 W. Frye Road, Chandler, AZ 85226
Phone: (480) 814-8300
Email: orders@vbcosmetics.com
