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Terms of Service

TERMS AND CONDITIONS

LAST UPDATED: 1/01/2020

These Terms and Conditions (these “Terms”) form a legally binding contract between [Lemi Unlimited, LLC] (“we”, “us” or “our”) and you, a visitor of our website located at [evileyebeauty.com] (the “Site”). These Terms apply to all users of the Site. If you do not agree with these Terms, you must immediately cease the use of the Site. We may update these Terms from time to time by posting a new version on the Site. Your continued use of the Site after any updated version of these Terms have been posted constitutes your acceptance of then then-currently posted version of these Terms.

  1. Ownership and License. “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Site. We or our licensors own the Site and all Content, and nothing herein transfers any right, title, or interest in the Site or Content. Subject to your compliance with these Terms, we grant you a limited, personal, revocable right to access and use the Site and Content for your personal, non-commercial purposes.

  2. Restrictions. You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Content; (ii) reproduce, download, modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Content; (iii) use framing techniques to enclose the Site or any Content; (iv) disassemble, decompile or reverse engineer any of the Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by us; (vi) transmit viruses or malicious code, or otherwise interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; (vii) violate any applicable local, state, national or international law; (viii) transmit any materials that are infringing, harassing, abusive, insulting, defamatory, discriminatory, or obscene; or (ix) submit any false or misleading information.

  3. Modifications. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.

  4. Third Party Sites. The Site may contain links to third party websites (each a “Third Party Site”). We do not own or control Third Party Sites, and these Terms do not govern Third Party Sites. Please review the terms and conditions and privacy policies of any Third Party Sites that you choose to visit. We are not responsible for examining or evaluating the content or accuracy of Third Party Sites and we do not warrant and will not have any liability or responsibility for any Third Party Sites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Sites.

  5. Feedback. If you send us any ideas, suggestions, proposals, or other feedback (collectively, “Feedback”), you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, fully-paid and royalty free license to reproduce, distribute, display, perform, create derivative works from, and otherwise use and exploit such Feedback for any purpose we choose (including commercial purposes), without any accounting, credit, or compensation to you.

  6. Privacy. Our collection, use, and disclosure of information gathered from our Site visitors is governed by our Privacy Policy, available at [evileyebeauty.com], which is hereby incorporated into and made a part of these Terms.

  7. Disclaimers. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND CONTENT IS AT YOUR SOLE RISK. IN NO CASE WILL WE OR OUR LICENSORS AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  8. Indemnity. You agree to indemnify, defend and hold harmless us, our licensors, and our respective directors, officers, employees, or agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of applicable law or the rights of a third party.

  9. General Terms. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will be deemed severed from these Terms to the extent required by law, without affecting the validity and enforceability of any other remaining provisions. Your limited license to the Site and Content, granted in Section 1, will automatically terminate if you materially breach any of these Terms. We may also suspend or terminate your access to the Site in our sole discretion at any time. The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms and any other policies posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, 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). Any ambiguities in the interpretation of these Terms will not be construed against the drafting party. These Terms will be governed by and construed in accordance with the laws of the State of [Texas], without regards to conflicts of laws principles.

  10. Contact. If you have any questions about these Terms, please contact us at [info@evileyebeauty.com].