Agreement Between User & Gene Juarez Salons, LLC

The Gene Juarez Salons, LLC ("Gene Juarez Salons, LLC") website (the "Website") is offered to you ("you," "your" or "user") conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions and notices. Additionally, the Website may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features. Except as expressly provided in such promotional terms, these terms of use shall be binding between you and Gene Juarez Salons, LLC.

genejuarez.com and genejuarezacademy.com Websites (the "Websites"). Gene Juarez, Gene Juarez Salons & Spas, Gene Juarez Academy and identity1 are all registered trademarks of Gene Juarez Salons, LLC. Gene Juarez Salons, LLC provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Gene Juarez Salons, LLC service (e.g., Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Gene Juarez Salons, LLC reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Use of This Site

The Website does not sell products for purchase by children, nor is it designed for use by children. Our products are only for purchase by adults. If you are under 18, you may use the Website only with the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Gene Juarez Salons, LLC hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Gene Juarez Salons, LLC in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Gene Juarez Salons, LLC in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by in advance. Gene Juarez Salons, LLC reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Gene Juarez Salons, LLC believes that client conduct violates applicable law or is harmful to Gene Juarez Salons, LLC’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Gene Juarez Salons, LLC.

Gene Juarez Salons, LLC may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Gene Juarez Salons, LLC has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Gene Juarez Salons, LLC of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Your Account Obligations

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Color/Product Description

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

Reviews, Comments & Feedback

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Gene Juarez Salons, LLC, including without limitation, ideas, know-how, techniques, questions, reviews, comments, photos, videos and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and Gene Juarez Salons, LLC shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

All Submissions shall automatically become the sole and exclusive property of Gene Juarez Salons, LLC and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Gene Juarez Salons, LLC the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Gene Juarez Salons, LLC will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Gene Juarez Salons, LLC or third parties as to the origin of any Submissions or Content. Gene Juarez Salons, LLC may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.

Intellectual Property

All text, graphics, button icons, images, video clips, and software (collectively, Content), belongs exclusively to Gene Juarez Salons, LLC or its Content suppliers. All software used on this Site (the Software) is the property of Gene Juarez Salons, LLC or its Software suppliers. The Content and Software are all protected by U.S. and international copyright laws.

Notice of Copyright Infringement

Gene Juarez Salons, LLC respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact our home office with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available here: Privacy Policy.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Gene Juarez Salons, LLC may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Gene Juarez Salons, LLC shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Disclaimer and Limitation of Liability

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Gene Juarez Salons, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Gene Juarez Salons, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gene Juarez Salons, LLC shall immediately issue a credit to your credit card account in the amount of the charge.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENE JUAREZ SALONS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENE JUAREZ SALONS, LLC 'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO GENE JUAREZ SALONS, LLC DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO GENE JUAREZ SALONS, LLC 'S LIABILITY.

THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. GENE JUAREZ SALONS, LLC DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Gene Juarez Salons, LLC is not responsible for the operation of or content located on or through any such site.

Remedies

You agree that Gene Juarez Salons, LLC’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Gene Juarez Salons, LLC shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Gene Juarez Salons, LLC may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Gene Juarez Salons, LLC shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Gene Juarez Salons, LLC of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

This site is created and controlled by Gene Juarez Salons, LLC in the State of Washington, USA. As such, the laws of the State of Washington will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Bellevue, WA, except that to the extent you have in any manner violated or threatened to violate Gene Juarez Salons, LLC’s intellectual property rights, Gene Juarez Salons, LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Washington.

You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Washington state. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Our Address

Please send any questions or comments regarding this Site to:

Gene Juarez Salons, LLC
3633 136th PL SE, Suite 200
Bellevue, WA 98008

COPYRIGHT NOTICE. Copyright © 2006-2014
All rights reserved.

Updated: March 16, 2014