Terms of service

TERMS OF USE

We know it's important that our customers and users of our website are informed about the terms and conditions of use of our site. By using our website or downloading data from it, you agree to NuvaLash's Terms and Conditions, described here. Please read this information carefully.


1. CONTENT

The content on NuvaLash's website is intended for personal use and is the property of NuvaLash. The content of NuvaLash's website, whether in whole or in part, may not be sold, published, distributed or modified without the express written consent of NuvaLash. You hereby agree to publicly acknowledge in the place that it is copied, that NuvaLash as the owner of copyright, trademarks, trade names and the intellectual property of any and all information on this site. Permission to copy, publish, post or broadcast content or data owned by NuvaLash terminates the moment the use of the content or data breaches these Terms. Upon termination of permission, any copied content or data must be immediately destroyed and removed in all instances. Any product, process, data, information or technology in this website may be the subject of other entities' intellectual property rights and are reserved by NuvaLash and is not licensed hereunder.


2. DISCLAIMER

The information contained on NuvaLash's website, which includes information regarding medical and health conditions, products, side-effects and application instructions, is for informational purposes only and should not be considered medical authority, nor should the information be considered complete or intended as a replacement for advice or instructions from a medical professional. The information contained on this website is not considered complete and does not refer to all ailments, medical or physical conditions, or the application. The use of the information on this website is to be used at your own risk. You should never cease, forgo or delay advice or treatment from a medical professional because of information included on this website.


3. USER CONDUCT

By using this website, you agree not to violate local, provincial, state, territory, national or international law; you agree not to infringe upon the rights of any third party; you agree not to disrupt or interfere with the website, or the servers, computers, or networks of NuvaLash and its partners.


4. TERMINATION OF ACCESS

NuvaLash reserves the right to terminate access, with or without notice, to its website of any user who violates the terms and conditions in this agreement.


5. CHANGES TO AND TERMINATION OF THE WEBSITE

NuvaLash reserves the right to change, modify, terminate or suspend this website, in whole or in part, without notice. By using this site, you agree that NuvaLash will not be held responsible by the user or any third party for any modifications, suspensions or terminations of this website. Further, NuvaLash reserves the right to modify, improve, terminate or suspend, in whole or in part, any and all products described in this website, without notice.


6. INFORMATION AND FEEDBACK

Information, feedback, personal information, materials or submissions submitted via this website is hereby considered the property of NuvaLash. By providing these such submissions to NuvaLash, you agree that NuvaLash has non-exclusive, transferrable, royalty-free, worldwide right and licence to copy, use, modify, display and distribute, without cost, any copyrights and intellectual property rights associated with or based upon the submissions. NuvaLash is hereby free to distribute, use and disseminate submissions provided to NuvaLash for any purpose. Further, the user agrees to hold responsibility for the submissions provided and that NuvaLash does not hold any responsibility for the submissions, including, but not limited to, copyright, legality and trademark. Notwithstanding anything contrary to the content of these Terms and Conditions, submissions shall not include patient or doctor confidential information.


7. ACCURACY OF INFORMATION AND DISCLAIMER OF WARRANTIES

Because the information contained in this website is not complete or exhaustive, NuvaLash endeavors to include accurate and current information when possible; however, NuvaLash does not make warranties or representations as it its accuracy or completeness. The information on this website is provided as-is iwthout warranty of any kind, neither expressed nor implied, statutory or otherwise, Including, but not limited to, implied warranty of fitness for a particular purpose, non-infringement and merchantability. You expressly understand and agree that your use of the website is at your sole risk. NuvaLash disclaims all warranties of any kind, whether express or implied. NuvaLash makes no warranty that (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) the information that may be obtained from the use of the website will be accurate or reliable. Any material downloaded or otherwise obtained through the use of the website is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you through or from the web site shall create any warranty by NuvaLash.


8. LIMITATION OF LIABILITY AND INDEMNITY

You expressly agree that NuvaLash or any other party involved in creating, producing or distributing the website shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if NuvaLash has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods resulting from any goods, data or information purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website. Further, you agree to indemnity and hold NuvaLash and its subsidiaries affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our website, your violation of this agreement, or your violation of any rights of another person or entity.

9. LEGAL JURISDICTION

These Terms and Conditions and your relationship with NuvaLash are governed by the laws of the Province of Alberta and of the country of Canada, without regard to its conflict of law provisions. You and NuvaLash agree to submit to the personal and exclusive jurisdiction of the courts located in Calgary, Alberta.


10. MODIFICATIONS TO THIS AGREEMENT

NuvaLash may change, amend or modify these Terms of Use at any time without notice. You are responsible for checking NuvaLash's Terms of Use from time to time to stay abreast of any amendments or modifications.


11. GENERAL TERMS OF USE

These Terms and Conditions constitute the entire agreement between you and NuvaLash with respect to its website and supersedes all prior agreements and understandings between you and NuvaLash. NuvaLash's failure to enforce any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. In the event that a portion of these Terms and Conditions is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. These Terms and Conditions shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in Alberta, Canada and further agree that any cause of action relating to these Terms and Conditions shall be brought to a court of law in the Province of Alberta.