This website (“Site”) is operated by Lamora Beauty. Throughout these Terms, the terms “we”, “us” and “our” refer to Lamora Beauty. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use” or “Terms”) govern your access to and use of this Site, including any content, functionality PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS OF USE). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY Lamora Beauty reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit the Site. By agreeing to these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Site without the supervision of a parent or legal guardian. Lamora Beauty grants you a limited, non-exclusive, non-transferable, This Site sells products to retail consumers and authorized resellers only. This license does not include and strictly prohibits: any resale or export of the Site or its Content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Lamora Beauty or its licensors, suppliers, other Content providers. We reserve the right to terminate this license and your access to the Site in the event you fail to comply with any of these Terms of Use or our other policies. We also reserve the right to refuse service to anyone for any reason at any time. All Content, design, text, graphics, logos, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by United States and international copyright law and other intellectual property laws and are owned by Lamora Beauty or other respective owners that have granted us the right and license to use such materials. All trademarks, service marks, trade names, logos You may not frame, deep link or utilize any similar techniques to enclose the Site, Content, or other proprietary information (including images, text, page layout, or form) of Lamora Beauty without our express written consent. The information presented on or through this Site is made available solely for general information purposes and convenience. 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. Lamora Beauty disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents. Lamora Beauty offers and displays the products on this Site as reasonable representations and availability of the color, configuration, design, texture, and/or look of its products. However, we cannot guarantee that your monitor’s display of merchandise color or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures The features, content, specifications, products and prices and availability of products and services described or depicted on this Site are subject to change at any time without notice. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We reserve the Only you may use your Lamora Beauty user account, and you are responsible for all activity that takes place with your user account. You are also responsible for keeping your user name and password confidential. You must promptly notify us via e-mail at Service@LamoraBeauty.com if your password is lost, stolen or used without permission. We reserve the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy. Lamora Beauty reserves the right to refuse service, terminate accounts, remove or edit content, cancel, or limit orders in its sole discretion. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration This Site may contain links to other websites that are not owned or controlled by us. Lamora Beauty has no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. We provide the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third party site. Access to any third party sites is at your own risk and we will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such Any Content, material, information, idea, photo, or other communication you transmit to or post on this Site or to Lamora Beauty by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Lamora Beauty and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communication”). We will have no obligations with respect to the Communication. Lamora Beauty and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial and If you do post or submit Communication, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us, and our sub-licensees the right to use the name that you submit in connection with such Notice of Copyright Infringement If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice email to Service@LamoraBeauty.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice: Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Site. Contacts for other matters are provided elsewhere through these Terms. Lamora Beauty’ use of any information you provide us is governed by our Privacy Policy. In addition to other prohibitions as set forth in the Terms of Use, you shall not knowingly post, transmit, redistribute, upload, or promote any Communication, Content or materials to or from the Site that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities; (f) contain false or misleading information, or impersonate any individual or entity, including our company and our employees and agents In addition to any remedies that we may have at law or in equity, if Lamora Beauty determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED BY LAMORA BEAUTY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAMORA BEAUTY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL LAMORA BEAUTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH LAMORA BEAUTY’ PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Lamora Beauty, our subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its/their respective officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from and against any claim or demand, including reasonable attorneys’ fees, resulting from your use of the Site and/or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, and/or resulting from any and all content you submit to Lamora Beauty and/or the Site. Lamora Beauty shall provide notice to you of any such claim, suit or proceeding. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12. These Terms of Use, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with Lamora Beauty and supersedes any prior statements or representations (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held to be invalid, unlawful, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by us in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void. The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, and dispute resolution, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13. By accessing or using the Site, you agree that the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Lamora Beauty will be governed by and construed in accordance with applicable federal law, and the laws of the State of California, without regard to principles of conflicts or choice of law. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, USA, for all disputes arising out of or relating to the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and us that are heard in court (excluding arbitration and small claims court). Lamora Beauty makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19. When you use the We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws. Please review our other policies, such as our Returns & Refunds and Shipping policies, posted on this Site. These policies also govern your use of the Site any products or services sold or distributed by Lamora Beauty or through the Site. We may terminate, change, suspend or discontinue any aspect of this Site, in whole or in part, including the availability of any features of this Site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms or other policies, in whole or in part, at any time and without notice. We may terminate any authorization and rights given above at any time and without notice. Your continued use of this Site after any changes to these Terms are posted on the Site will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Site. Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services sold or distributed by Lamora Beauty or through the Site, your use of the Site, or to and any dispute of any sort that might arise between you and us (each a “Claim”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In order to expedite and control the cost of disputes, you and we agree that any Claim will be resolved as follows: Most disputes can be resolved without resort to litigation. You can reach our customer service department at Service@LamoraBeauty.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Lamora Beauty should be sent SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18 (A). READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Lamora Beauty or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed by the Federal Arbitration Act. If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Informal Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims, subject to the terms set forth below. By agreeing to arbitration, both you and we understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and we each agree to settle disputes (except certain small claims or as otherwise set forth in these Terms) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and (1) Binding Arbitration: Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider, the Federal Arbitration Act, and federal arbitration law shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. If the arbitration is administered by the AAA, it shall be administered under the AAA’s Consumer Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable). To start an arbitration proceeding, submit a Demand for Arbitration that complies with the requirements of the AAA Consumer Arbitration Rules to the AAA and (2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court’s jurisdiction. (5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Claims (except as expressly excluded in this Formal Resolution by Binding Arbitration section) shall be resolved by binding arbitration. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims, cross-claims, or (6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use. These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules. ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING THE PURCHASE OF ANY PRODUCT VIA THE SITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18(C). If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 11, 12, 13, 14, 18(A), and 18(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of, including but not limited to, the State of New Jersey. In any event, Lamora Beauty reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 18(B) (Formal Resolution by Arbitration). Questions about these Terms of Use should be sent to us at Service@LamoraBeauty.com © 2016 Lamora Beauty. All Rights Reserved. Updated October 15th, 2016TERMS OF USE