IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
BY ACCESSING OR USING MISSCIRE.COM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE MISSCIRE.COM. MISS CIRE COSMETICS, CORP. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF MISSCIRE.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. ALL MISS CIRE COSMETICS, PRODUCTS ARE FOR PROFESSIONAL USE ONLY BY EXPERIENCED LICENSED ESTHETICIANS. MISS CIRE COSMETICS, CORP. IS NOT RESPONSIBLE FOR ANY BURNS, ACCIDENTS, OR INJURY WHATSOEVER.
COPYRIGHTS AND TRADEMARK
Worldwide copyright laws and treaty provisions protect all materials appearing anywhere on this Internet website. None of the materials may be copied, reproduced, modified, or distributed in any form or by any means without a prior written permission. All material appearing on this Internet website are copyright © 2011 Miss Cire Cosmetics, Corp. and its respective licensors. Any unauthorized use of the materials appearing on this Internet website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This website is for your personal and non-commercial 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 this website.
All products we may provide to you, are for buyer’s use only. You may not sell or resell any of the products thereof you purchase or otherwise receive from us. We reserve 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 we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
INFORMATIONAL AND COSMETIC PURPOSES ONLY
The information provided at this website is presented for the purpose of selling cosmetic products for use by licensed professional estheticians/cosmetologists. Nothing contained in this website is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of therapy or treatment for a particular individual. The information provided may not apply to everyone, since each individual is different. Under no circumstances should any information provided on this website be used in place of a visit, call, consultation or the advice of your esthetician, physician, and qualified health care providers. If you have a condition that needs medical attention, always consult your doctor for specific medical advice, diagnoses, and treatment. For instance, excessive hair can be a symptom of a more serious condition. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read this website.
WARNING AND GENERAL PRECAUTIONS
Depilatory hair removal methods are generally not for sensitive skin. Some depilatories can increase acne and cause skin irritation or chemical burns if the formula is too strong. The United States Food and Drug Administration’s (FDA) Office of Cosmetics and Colors has received reports of burns, blisters, stinging, itchy rashes, scarring, and skin peeling associated with depilatories and other types of cosmetic hair removal products. If you use this type of product, always: use it under the supervision of a licensed professional; do a patch test in accordance with the directions for allergic reaction and irritation; do not use it on broken or irritated skin; keep the product away from eyes; and, seek medical attention immediately if you have any allergic or adverse reaction. You should not use waxing products if you: currently take Accutane, Retin-A, Renova or have stopped taking it less than a year ago; Glycolic Acid; have Lupus or Aids, Diabetes, skin conditions such as Eczema or Psoriasis, Rosacea, Acne; recently received Botox or collagen injections; are in cancer therapy getting chemotherapy or radiation; have varicose veins; have been in direct sunlight for a long period of time or tanning bed within the last 72 hours. You should not wax irritated, inflamed, cut, abraded or sunburned skin; anywhere that has pimples, cold sores, moles or warts; and/or, the inside of ears and nose, eyelashes, nipples and male genitals. Waxes, herbal and/or botanical preparations may have chemical and biological activity. They may have side effects. They may interact with certain medications. These interactions can cause problems and can even be dangerous. Before using a wax, herb, or a botanical preparation, consult a doctor or other health care provider, especially if you have a disease or medical condition, take any medications, are pregnant or nursing, or are planning to have an operation.
GENERAL DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL ITS RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISS CIRE COSMETICS, CORP. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISS CIRE COSMETICS, CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MISS CIRE COSMETICS, CORP. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH MISSCIRE.COM WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MISS CIRE COSMETICS, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT; ANY ACTIVITY RELATED TO YOUR USE OF MISSCIRE.COM WEBSITE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT); OR YOUR USE OF ANY PRODUCT OR SERVICE PROVIDED BY MISS CIRE COSMETICS, CORP. BY TRACED TO YOU OR ANY OTHER PERSON ACCESSING MISSCIRE.COM USING YOUR SERVICE ACCOUNT.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT MISS CIRE COSMETICS, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MISSCIRE.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MISS CIRE COSMETICS, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MISS CIRE COSMETICS, CORP.) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MISSCIRE.COM OR ANY OF THE PRODUCTS OR SERVICES OFFERED THEREON. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MISS CIRE COSMETICS, CORP., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL MISSCIRE.COM BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF MISSCIRE.COM ARE HEREBY EXCLUDED EVEN IF MISS CIRE COSMETICS, CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INCOMPLETE INFORMATION, ERRORS AND OMISSIONS
This website may not include all the facts about a topic, or may contain data that is out of date. Miss Cire Cosmetics, Corp. does not warrant or assume any legal liability or responsibility, expressed or implied, as to the accuracy, reliability or completeness of furnished data, or usefulness of any information, apparatus, product, or process disclosed. 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, Miss Cire Cosmetics, Corp. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Miss Cire Cosmetics, Corp. is not responsible for typographical errors, product changes, updates, and new information that is released that has not yet been added to this site. Information on this website is subject to change without prior notice.
Miss Cire Cosmetics, Corp. has made every reasonable effort to display as accurately as possible the colors and images of the products that appear on this Internet website. However, the actual colors and images that you see depend on a number of factors, including the monitor that you use and the settings on the monitor. Miss Cire Cosmetics, Corp. cannot and DOES NOT guarantee that the display of any color or image will be accurate.
EXTERNAL SITES AND LINKS
In an attempt to provide increased value to our visitors, this Internet website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with MISS CIRE COSMETICS, CORP., MISS CIRE COSMETICS, CORP. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MISS CIRE COSMETICS, CORP. MISS CIRE COSMETICS, CORP. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Miss Cire Cosmetics, Corp. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
No waiver by any party hereto of any breach by the other party of any term, covenant or condition of this Agreement shall be deemed a waiver of any other breach (whether prior to or subsequent) of the same or any other term, covenant or condition of this or any other agreement.
This Agreement, and all rights and obligations hereunder, shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, licensees and permitted assigns.
Paragraph headings used herein are for convenience only, and shall not be deemed to be part of this Agreement.
Nothing herein contained shall constitute a partnership between, or joint venture by, the parties hereto, or constitute either party an agent of the other, the relationship. Neither party shall hold itself out contrary to the terms of this paragraph and neither party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.
This Agreement represents the entire agreement between the parties hereto and supersedes all prior representations, negotiations, promises, understandings or agreements, whether electronic, oral or written, between the parties with respect to the subject matter hereof.
No amendment or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and made by the party to be charged therewith.
Except as may be expressly provided to the contrary herein, the parties’ various rights and remedies hereunder shall be cumulative and the exercise or enforcement of any one or more of them shall not preclude the enforcing party from exercising or enforcing any of the others or any right or remedy provided for by law.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
This Agreement is entered into and shall be deemed wholly performed in Miami-Dade County, Florida and shall in all respects be governed by and construed in accordance exclusively with the laws of the State of Florida applicable to contracts made and to be entirely performed therein without regard to principles of conflicts of law. The parties specifically agree that the state or federal courts in Miami-Dade County, Florida, shall have jurisdiction and exclusive venue in respect of any and all disputes in connection herewith.