Consumer Terms and Conditions: Product Purchases

I. Use of Site. Copyrights and Trademarks. Personal and Non-Commercial Use Limitation.

The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the website, products, and services of Xtreme Lashes, LLC (“Company”). These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. The Company makes no representations or warranties about the completeness or accuracy of this website content.

The Company website(s) is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Company’s products or website(s) without the Company’s prior written consent. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, is Copyright (c) 2005-2015 Xtreme Lashes, LLC. ALL RIGHTS RESERVED.
II. Product Information

The products displayed on the website can be ordered and delivered only within the U.S. and Canada. All prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the U.S.

If any minor uses any goods or product from Company, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by Company is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. 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 Company website(s) is not meant to serve as a substitute for professional medical advice: this website(s) is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website 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. Company does not give or intend to give any answers to medical related questions and this website(s) does not replace any medical professional or medical resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the website(s). IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Website and the Interactive Services, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Company. Company 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 Company in its sole discretion.
III. Indemnification and Limits of Liability

The Company reserves the right to refuse sales and service to anyone for any reason at any time.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER “XTREME LASHES, ET AL”) AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY XTREME LASHES, ET AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF XTREME LASHES, ET AL. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY XTREME LASHES, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY), PROVIDED THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
IV. Agreement between Consumers (Buyers) and Company

You acknowledge that your use of this website and/or election to purchase products or services from the Company constitutes your agreement to all of the terms, conditions, and notices contained herein. The Company reserves the right to change the terms, conditions, and notices contained herein with or without notice.
V. Refund and Exchange Policies

Returns and exchanges are accepted within sixty (60) days of the date that product delivery is confirmed. You will be credited with your purchase price, less shipping. Please contact the Company within sixty (60) days of product receipt to receive a return authorization number (RMA#) and shipping instructions. Once Customer Service has issued a RMA#, you must return the item within seven (7) calendar days. All products must be returned in original packaging. The Company reserves the right to either replace defective product or provide a refund of the purchase price upon receipt of defective product.
VI. General Shipping Details:

Xtreme Lashes, LLC (“Company”) reserves the right to ship orders via Federal Express or the United States Postal Service (USPS) at any time, at its discretion. If you have an e-mail address on file with the Company, then you will receive a confirmation when you order has been shipped, with tracking numbers, if applicable.
A. Shipping and Handling Rates and Times for the United States:

All domestic consumer orders will now recieve FREE Priority shipping via USPS. Handling and delivery for USPS Priority orders may take up to seven business days. Other shipping options for the United States addresses are provided in the table below:

Shipping and Handling Rates and Times for the United States:

Order Total Priority Overnight
$0+ FREE $29.95

Shipping and Handling Rates and Times for the Canada:

Order Total Priority
$0.00 - $74.99 $19.95
$75.00 or more FREE

*International orders outside of Canada will not be accepted at this time.

B. Signature Policy

The Company does not require a signature for delivery of orders in most cases, but reserves the right to do so. Once the delivery of an order is confirmed by the freight carrier,then the Company is no longer liable for the order. The Company requires that each time a purchase is made via website or phone that you must request or decline a signature requirement on your order. Company strongly recommends that you request that a signature be required if there may be a possibility of theft or damage to orders left at the delivery location. The Company is not responsible for any loss or damage to orders that may occur while they are in the custody of the freight carrier.

C. Same Day Shipping Policy

Overnight or priority orders received between Monday and Friday are usually processed the same day or by the next business day. All overnight or priority orders must be placed by 3 PM CST to be shipped on the same business day. If placed after 3 PM CST, then your order will be processed the following business day. Priority orders may take up to seven (7) business days to arrive depending on your postal code. The Company is not liable for delays in shipping due to inclement weather.
VII. Privacy Policy:

The Company will use your information to deliver products and services that you have requested or ordered. Occasionally, the Company will use your contact information to send you information about the Company, including information regarding special promotions and new products. The Company will promptly remove your name from our mailing list upon request. As you browse www.xtremelashes.com, advertising cookies will be placed on your computer so that we can understand which products and services capture your interest. The Company’s display advertising partner, AdRoll, then enables the Company to present you with retargeted advertising on other website based on your previous interaction with www.xtremelashes.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit http://www.networkadvertising.org/choices/ to opt out of AdRoll’s and their partners’ targeted advertising.
VIII. Force Majeure

Notwithstanding any other provision of this Agreement to the contrary, in the event Xtreme Lashes is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a "Force Majeure Event"), Xtreme Lashes shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. Xtreme Lashes will provide reasonably prompt notice of the occurrence of such Force Majeure Event.
IX. Governing Law; Construction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of Texas in accord with such procedures as may be acceptable to the parties.
X. Entire Agreement; Amendment; Waiver; Invalidity

This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.