Terms of Service

Last Modified: February 2020

Acceptance of Terms of Use.

These Terms of Use are entered into by and between You and Lashology Ltd., a Colorado limited liability company (“Lashology”, “we”, or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms of Use”) govern your access to and use of www.lashologybeauty.com (“Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion, with or without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Security.

We reserve the right to withdraw or amend thisWebsite, and any service or material we provide on theWebsite, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website, or all or any part of any website accessed through the Website (including, but not limited to the Vargaro website) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of theWebsite, or the entireWebsite, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to theWebsite.
Ensuring that all persons who access theWebsitethrough your internet connection are aware of theseTermsofUseand comply with them.

To access theWebsiteor some of the resources it offers, you may be asked to provide certain registration details or other information. It is aconditionof youruseof theWebsitethat all the information you provide on theWebsite, or on the Vargaro website,is correct, current, and complete. You agree that all information you provide to register with thisWebsite or with the Vargaro website,or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

This Website will not require you to set up an account, choose a user name, choose a password, or provide any personal information. Rather, all scheduling, online payments, and product purchases related to Lashology will be facilitated by Vargaro. Upon clicking on any scheduling or purchase-related links on the Website, you will immediately be redirected to the Vargaro website to complete the transaction(s). If you choose a user name, password, or any other piece of information as part of the Vargaro security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Vargaro account is personal to you and agree not to provide any other person with access to thisWebsiteor portions of it using your user name, password, or other security information. Lashology is not responsible for the security of any information you provide to Vargaro.

You agree to notify us immediately of any unauthorized access to oruseof your Vargaro user name or password, or any other breach of security. You also agree to ensure that you exit from your Vargaro account at the end of each session. You shoulduseparticular caution when accessing your account from a public or shared computer or internet connection so that others are not able to view or record your password or other personal information.

We have the right to ask Vargaro to disable any user name, password, or other identifier chosen by you at any time in our sole discretion, if, in our opinion, you have violated any provision of theseTermsofUse.

Intellectual Property Rights - General.

Except as stated herein, theWebsiteand its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Lashology, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Lashology does not, however, own or license the United States federal trademark in the name “Lashology.”

These Terms of Use permit you to use the Website for your personal, non-commercialuseonly. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on ourWebsite, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of theWebsitefor your own personal, non-commercialuseand not for further reproduction, publication, or distribution.
You may take such actions as are enabled by social media applications available on or through the Website.

You must not:

Modify copies of any materials from this site.
Useany illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access orusefor any commercial purposes any part of theWebsiteor any services or materials available through theWebsite.If you wish to make anyuseof material on theWebsiteother than that set out in this section, please address your request to: lashologydenver@gmail.com.

If you print, copy, modify, download, or otherwiseuseor provide any other person with access to any part of theWebsitein breach of theTermsofUse, your right tousetheWebsitewill stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to theWebsiteor any content on theWebsiteis transferred to you, and all rights not expressly granted are reserved by Lashology. Anyuseof theWebsitenot expressly permitted by theseTermsofUseis a breach of theseTermsofUseand may violate copyright, trademark, and other laws.

Trademarks. The name “Lashology Ltd.”, and all related names, logos, product and service names, designs, taglines and slogans are trademarks of Lashology, its licensors, or, in the case of the federal trademark in the name “Lashology”, Kamins Dermatologics, Inc. You must not use any such marks without the prior written permission of Lashology or Kamins Dermatologics, Inc., as applicable. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree NOT to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm any minor in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional materials such as junk mail, chain letters, spam, or any other similar solicitation;
To impersonate or attempt to impersonate Lashology, a Lashology employee or independent contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Lashology or users of the Website or expose them to liability;
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes to further Lashology’s legitimate business interests. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, writers, journalists, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Lashology staff, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lashology. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Offline Activities. A central aspect of Lashology’s business is to provide eyelash and eyebrow-related beauty services to its customers. The Website serves as a tool to facilitate the scheduling and provision of such services, and to provide information about such services to clients and potential clients. You agree that any purchase services from Lashology as a result of your use of the Website is at your own risk. We are not responsible, or liable to you or any third party, for any conduct, injury, or damage that occurs in connection with such services. All consent forms and other waivers provided and executed through the Website or in physical form are binding in accordance with their terms.
Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You must contact Lashology directly at lashologydenver@gmail.com before quoting any material from the Website in any third-party publication or on any third-party website to verify that the quoted material is current as of the date of an intended publication or post.
Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions. All purchases through the Website or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by Vargaro’s terms of use. Lashology does not provide any purchasing opportunities through this Website.
Linking to the Website and Social Media Features. You may link to Lashology’s homepage and pages other than the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media applications that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these applications solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than its homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website. If the Website contains links to other sites and resources provided by third parties, such as Vargaro, Instagram, or other social media sites, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Lashology is not responsible for the content or quality of the linked sites or products, nor does it endorse a linked entity itself, even if it endorses such entity’s product. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
International Laws Apply. The owner of the Website is based in the state of Colorado in the United States. We provide this Website for use by persons anywhere in the world; however, we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LASHOLOGY NOR ANY PERSON ASSOCIATED WITH LASHOLOGY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER LASHOLOGY NOR ANYONE ASSOCIATED WITH LASHOLOGY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, SAFE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LASHOLOGY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, MEMBERS OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT (INCLUDING THE VARGARO WEBSITE), ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Indemnification. You agree to defend, indemnify, and hold harmless Lashology, its licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in Denver, Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability. No waiver by Lashology of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lashology to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Lashology regarding the Website and supersede all prior and contemporaneous understanding, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns.

This Website is operated by Lashology Ltd., 2250 W. 29^th Ave., #130, Denver, CO 80211.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: lashologydenver@gmail.com