Terms of Use

Last Updated: September 2, 2021

INTRODUCTION

These are the terms of use ("Terms of Use") for your use of services or features on the website owned and controlled by Monarch Lash Co., an Oregon limited liability company ("Monarch"), including www.monarchlashco.com (the "Sites"). Monarch may add additional Sites from time to time as Monarch expands its beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing Monarch’s Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of Monarch’s Sites and your conduct, regardless of the means of access.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, MONARCH’S PRIVACY POLICY, AND GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE MONARCH’S SITES.

Monarch may also interact with you on third party sites where Monarch posts content or invites your feedback, such as www.facebook.com/monarchlashco and www.instagram.com/monarchlashco, ("Third Party Sites"). Monarch’s Terms of Use and other areas of Monarch’s Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with services that involve Third Party Sites, but Monarch does not control those Third Party Sites, and these Terms of Use, Monarch’s Guidelines and Monarch’s Rules do not apply to companies that Monarch does not own or control, or to the actions of people that Monarch does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Monarch reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Monarch decides to change these Terms of Use, Monarch will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, Monarch’s Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

COPYRIGHT

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof is Copyright (c) 2021 Monarch Lash Co., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Monarch and protected by U.S. and international copyright laws. Any use of materials on the Sites - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Monarch is strictly prohibited.

 

TRADEMARK

Monarchlashco.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Monarch and may not be used in connection with any product or service that is not offered by Monarch in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

PRODUCT INFORMATION

The products displayed on the Sites can be ordered and delivered only within the U.S. All prices displayed on Monarchlashco.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Monarch.

All material and information presented by Monarch is intended to be used for personal, educational or informational purposes only. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products or for booking classes and services. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Monarch does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Monarch does not represent itself as a physician nor is this implied.

The products available on the Sites are for your personal use only. You may not sell or resell any products you purchase. Monarch reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Monarch in its sole discretion.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites or otherwise ("Content").

YOUR USE OF CONTENT ON THE SITES AND LIMITATION OF LIABILITY

Monarch is not liable for any statements, representations, or Content provided by its users on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site is not controlled by Monarch. Monarch cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using any Third Party Site, you may be exposed to Content that may be offensive, indecent or objectionable and Monarch shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Monarch be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted.

You may access the Sites only as permitted under these Terms of Use and the Privacy Policy.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or enforce limitations on use of the Site. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device or software.

INSTAGRAM CONTENT

By agreeing to allow Monarch to use the photograph, video, or related content that you originally posted on Instagram (your "IG Content"), the terms below apply:

Monarch will have the worldwide and perpetual right, but not the obligation:

  • To reproduce, exhibit and otherwise use your IG Content on Monarch’s Instagram account at https://www.instagram.com/monarchlashco

  • To enable users to “shop your look" and purchase products, including, without limitation, by appending to your IG Content images of products (including those that you tag in your IG Content) and links to the ecommerce portions of Monarch's sites, including Monarchlashco.com, and

  • To make reasonable edits to the IG Content in connection with the foregoing.

You represent and warrant that:

  • No person other than you appears or is mentioned in the IG Content;

  • You took the photograph or video or have all the rights to the IG Content;

  • You actually used any products tagged, shown or mentioned in the IG content in conformity with the product instructions;

  • Any statements or testimonials that are included in your IG Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;

  • You have not received any compensation, incentive, or other benefit from Monarch or any third party in exchange for posting the IG Content, using any product, or mentioning or tagging any products or brand, in your IG Content; and

  • You have the right to grant Monarch the right to use your IG Content as set forth in these terms and such use by Monarch will not violate the rights of any third party.

THIRD PARTY CONTENT AND THIRD PARTY SITES

Monarch may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. Monarch does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Monarch and such third party.

 

 

RESERVATION OF RIGHTS

Monarch reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Monarch may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Monarch (and its employees), its users and the public.

DISCLAIMER OF WARRANTIES

MONARCH IS PROVIDING THE SITES AND THEIR CONTENT ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MONARCH DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MONARCH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

DISCLAIMER OF LIABILITIES

MONARCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Monarch (and its officers, directors, agents, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.

FRAUD PREVENTION

Monarch reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, Monarch may reject your order or Monarch may call you at the phone number you provided (or use your email address) to confirm your order. Monarch also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

PRIVACY

By submitting your email address in connection with your account, you agree that Monarch and its third-party service providers may use your email address to contact you about your Monarch account or Content you have submitted to the Sites, or for other administrative purposes and for any other purpose permitted or required by law. Monarch’s Privacy Policy provides further detail on the manner in which Monarch may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites.

WAIVER

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Monarch's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

DISPUTE RESOLUTION

If a dispute should arise between you and Monarch, Monarch wants to provide you with a resolution that is efficient and cost effective. Almost all disputes can be resolved to the customer’s satisfaction by engaging in a good-faith attempt to resolve the issue. Please contact Monarch:

Monarch Lash Co.

540 Patterson St. NW

Salem, Oregon 97304

503-583-0827

monarchlashco@gmail.com

 

If your dispute cannot be resolved, these Terms describe how we shall proceed with the resolution of the dispute.

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflict of law rules. You hereby consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Salem, Oregon.

ATTORNEY FEES

In any proceeding regarding the subject matter contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review.

SEVERABILITY

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Monarch, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.