These Website Terms and Conditions (the “Agreement”) sets forth the terms and conditions that apply to your access and use of, and your purchases of products and/or services through, the internet website owned and operated by Yolo Tanning and Beauty Co. (“Yolo Tanning and Beauty”, “we”, “us” or “our”) and located at yolotanningandbeauty.com (the “Website”).
Your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement, including without limitation all documents incorporated herein by reference. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Website. For this reason, we encourage you to review this Agreement whenever you access and use the Website and each you time you make a purchase through the Website. You can tell when this Agreement was last modified by checking the “last updated” date that appears at the top of this Agreement. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
ABILITY TO ENTER INTO THIS AGREEMENT
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of this Agreement, and able to abide by and fully comply with this Agreement. If you accept this Agreement, you represent that you have the capacity to be bound by it.
PRIVACY
Your submission of personal information through the Website is governed by our Privacy Policy (as amended from time to time), which can be viewed by clicking here (the “Privacy Policy“). The terms of the Privacy Policy are incorporated into this Agreement by this reference and you hereby acknowledge that you have read, understood and agree to the terms and conditions of the Privacy Policy.
YOUR ACCOUNT
If you choose to register for a user account for the Website, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Website’s registration form(s). Once registered, you will be a registered user with a password to access and use the Website. Registration data and certain other information about you are protected and governed by the terms of our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and any other device used to access the Website. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you. Yolo Tanning and Beauty reserves the right to terminate or suspend user accounts in its sole discretion. You agree to (a) immediately notify Yolo Tanning and Beauty of any unauthorized use of your password or user account or any other breach of security, and (b) ensure that you exit from your user account at the end of each session when accessing the Website. Yolo Tanning and Beauty shall not be liable for any loss or damage arising from your failure to comply with this section.
TAX
Unless you provide Yolo Tanning and Beauty with a valid and accurate tax-exemption certificate applicable to your service, you are responsible for sales tax and any other taxes or governmental fees associated with purchase of service. You may qualify for tax exemptions from time to time in which case Yolo Tanning and Beauty requests that you provide it with a valid certificate of exemption or other appropriate documentary proof of exemption. The product prices listed on the Website shall exclude all applicable sales, use or value-added tax (each, a “VAT”). Unless otherwise specified in writing by Personal Illusions, you are responsible for all applicable taxes (including but not limited to import or export duties, excise taxes and VAT). Yolo Tanning and Beauty shall provide you with a valid invoice in accordance with VAT requirements or other applicable law.
INTELLECTUAL PROPERTY RIGHTS
All content, information and materials contained within the Website, including without limitation all images, text, illustrations, designs, icons, photographs, video, audio, software, documents and other materials that are distributed through the Website and all the products available on the Website, are intellectual property owned, controlled or licensed by Yolo Tanning and Beauty, its affiliates or are owned by third parties and appear in the Website with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canadian and United States copyright, patent, trade secret, trade dress and trademark law, as well as other provincial, state, national, and international laws and regulations. Yolo Tanning and Beauty and its affiliates and licensors expressly reserve all intellectual property rights in all data, text, programs, products, processes, technology, content, and other materials that appear on this Website. Except as otherwise expressly provided in this Agreement, your use and access of the Website does not confer any license under any of Personal Illusions’s or any third party’s intellectual property rights. The compilation and “look and feel” (meaning the collection, arrangement and assembly) of all information and content on this Website is the exclusive property of Yolo Tanning and Beauty and is also protected by Canadian and United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as expressly permitted herein), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Website.
USE OF WEBSITE
You are granted a personal, limited, revocable, non-sublicensable license to access and use the Website and electronically copy (except where prohibited without a license) and print to hard copy portions of the data and information contained on the Website (the “Website Materials”) for your informational, non-commercial and personal use only. Such license is subject to the terms of this Agreement and you shall not: (a) resell or use for commercial purposes the Website or the Website Materials; (b) collect and use any product listings, pictures or descriptions from the Website for commercial purposes; (c) distribute, publicly perform or publicly display the Website or any Website Materials; (d) modify or otherwise make any derivative uses of the Website or the Website Materials, or any portion thereof; (e) use any automated means to access, monitor or interact with any portion of the Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) download (other than page caching) of any portion of the Website or the Website Materials, except as expressly permitted herein; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of the Website; (h) use the Website in any way which interferes with the normal operation of the Website; or (i) use the Website or the Website Materials other than as expressly permitted herein. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Personal Illusions, is strictly prohibited and will result in the termination of the license granted by Yolo Tanning and Beauty herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The licenses granted hereunder are revocable by Yolo Tanning and Beauty at any time.
MODIFICATIONS TO SITE
Yolo Tanning and Beauty reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Yolo Tanning and Beauty shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
LINKS TO OTHER WEBSITES AND SERVICES
The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. These other websites are not under Personal Illusions’s control, and you acknowledge that Yolo Tanning and Beauty is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of, or relating to, such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Personal Illusions or any association with its operators. You further acknowledge and agree that Yolo Tanning and Beauty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, products or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
REPRESENTATIONS AND INDEMNIFICATION
You hereby represent, warrant and covenant to Yolo Tanning and Beauty that you will use the Website, and any products purchased, in accordance with all applicable local, provincial, federal, state, national and international laws and regulations, and in accordance with the terms of this Agreement.
You agree to defend, indemnify and hold Yolo Tanning and Beauty and its affiliates and each of their respective directors, officers, employees, shareholders, contractors or other representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to or arising from (a) your use of the Website; or (b) your breach of any representation, warranty, condition or other provision of this Agreement.
DISCLAIMER OF WARRANTY
Except as expressly stated to the contrary in this agreement, the website, the content contained thereon and the products and services purchased through or in connection therewith are provided on an “as is” basis without warranties of any kind, either express or implied. Yolo Tanning and Beauty hereby disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement concerning the website, the content contained therein and the products and services purchased through or in connection in addition to that. Yolo Tanning and Beauty does not represent or warrant that information and materials on the website are accurate, complete, reliable, current or error-free. Yolo Tanning and Beauty does not represent or warrant that the website or the servers and systems that host the website or otherwise make the website available are free of viruses or other harmful components. your use of the website and all content forming part of or related to the website are your sole responsibility and at your risk.
Yolo Tanning and Beauty does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
Neither personal illusions nor its affiliates, nor any of their respective directors, officers, employees, shareholders, contractors or other representatives shall be responsible or liable for any indirect, incidental, special, punitive, or consequential damages arising directly or indirectly from or in connection with any use of the website, the inability to use the website, the information (including product information) contained on the website, products available or purchased through the website, or transactions conducted through the website, even if Yolo Tanning and Beauty has been advised of the possibility of such damages or losses.
Notwithstanding anything to the contrary in this agreement but except as explicitly outlined in the Yolo Tanning and Beauty guarantee – Canada or Personal Illusions guarantee – USA, as applicable, in no event shall the total aggregate liability of Yolo Tanning and Beauty and its affiliates and their respective directors, officers, employees, shareholders, contractors or other representatives, arising directly or indirectly from the website or any products available or purchased through the website exceed the lesser of (a) the amount paid by you to Yolo Tanning and Beauty for any single relevant product that is subject to dispute or a claim and (b) $1,000. You at this moment, acknowledge that all of the provisions of this section will apply to all use of the website, the information (including product information) contained on the website, products available or purchased through the website, and transactions conducted through the website.
Because some countries, provinces and states do not allow the exclusion or limitation of liability for certain types of damages, the above limitations or exclusion may not apply to you.
APPLICABLE LAW AND VENUE
This Agreement and any purchases made in connection with this Agreement or the Website shall be governed by the laws of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. Yolo Tanning and Beauty and you hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Website (excluding linked websites) is controlled by Yolo Tanning and Beauty from its offices within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and that you are responsible for complying with local laws.
All disputes, claims or controversies arising out of or in connection with or in any way relating to this Agreement or its construction, whether in contract or tort, or for restitution of any kind, pursuant to any statute, regulation, or other law, shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Arbitration Act, R.S.B.C. 1996, c. 55, as amended, or the International Commercial Arbitration Act, R.S.B.C. 1996, c. 233, as amended, as the case may be. The place of arbitration will be Toronto, Ontario. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section. You and Yolo Tanning and Beauty also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of British Columbia for the purposes provided for in the Arbitration Act or the International Commercial Arbitration Act.
MODIFICATION AND NOTICE
You agree that Yolo Tanning and Beauty may modify this Agreement (including without limitation any documents referenced herein) and any other policies on the Website at any time and that posting the modified terms and conditions on the Website will constitute sufficient notice of such modification.
TERMINATION
These terms are effective unless and until terminated by Yolo Tanning and Beauty. Yolo Tanning and Beauty may deny you access to the Website, if in its sole judgment you fail to comply with any term or provision of this Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes, and any obligations and liabilities hereunder with respect to products purchased prior to the termination date shall continue to apply to such purchase and such products notwithstanding any termination. This section and any other sections which ought reasonably to survive the termination of this Agreement (including without limitation the sections entitled “Intellectual Property Rights”, “Comments and Suggestions”, “Links to Other Websites and Services”, “Representations and Indemnification”, “Disclaimer of Warranty”, “Limitation of Liability”, “Applicable Law and Venue” and “General”) shall survive any actual or purported termination or expiry of this Agreement.
GENERAL
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Yolo Tanning and Beauty right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Yolo Tanning and Beauty relating to your use of the Website and purchases made through the Website.
