Terms

TERMS AND CONDITIONS OF USE

Last Updated: December 4^th, 2023

These Terms and Conditions of Use (“the Terms”) apply to your access to and use of our websites https://pegasuslashpro.com/ collectively, “the Sites”).

Use of and Access to the Sites

The Sites are offered and intended for users who are at least 13 years of age or older. Unless otherwise specified, the Sites and all content on them are intended to promote our products and.

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice for any reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS.  WE EXPRESSLY RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITES. THEREFORE, YOU SHOULD REVIEW THE TERMS WHENEVER YOU USE THE SITES. YOUR CONTINUED USE OF THE SITES CONSTITUTES YOUR CONSENT TO THE CURRENT TERMS POSTED AT THE TIME OF YOUR VISIT.

DO NOT USE OUR SITES IF YOU DO NOT AGREE TO THE TERMS.

Prohibited Uses

You may not use the Sites for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms.

You may not:

• Post or submit any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights;
• Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server(s) on which the Sites are stored or hosted, or any server, computer, or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.

If we are notified of allegedly defamatory, damaging, illegal, or offensive content posted or provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to modify or remove such content from the Sites.

If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites.

We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect our rights or property or the rights of our customers, other users of the Sites, or third party service providers.

Intellectual Property Rights

All names, logos, product and service names, designs, and slogans are trademarks of Pegasus Lash Pro or its affiliates or third party licensors. You must not use such marks without our prior written permission.

The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us or our affiliates or licensors. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. The Terms permit you to use the Sites for your personal use only.

You may not:

• Distribute, transfer, transmit, copy, upload, download, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without our prior written consent;
• Decompile, reverse engineer, or disassemble software code or software materials; or
• Remove any copyright notice or other proprietary notices from the Materials.

Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed;
• identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
• your contact information including your name, mailing address, telephone number and, if available, email address;
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
• a statement that the information in the notice is accurate; and
• a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not comply with all of these requirements, your notice may not be effective.  If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.

User Reviews and Other Contributions

The Sites may contain product reviews, comment boards, message boards, chat rooms, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Sites. All User Contributions must comply with the Content Standards set out in these Terms (below).

Any User Contribution you post to or submit through our Sites will be considered non-confidential and non-proprietary. By posting a review or comment or contributing in any way to the Sites, you expressly grant us an irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution.

By posting or submitting a User Contribution, you represent and warrant that:

• You are at least 18 years of age.
• Your User Contribution complies with these Terms, including the Content Standards set forth below.
• You are the sole author and owner of any content including any intellectual property rights in any content that you include in a User Contribution.
• You are not being compensated or provided any consideration by a third party for your User Contribution.
• You understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

 

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion;

 

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

 

• Take appropriate legal action including reporting to law enforcement any suspected illegal or unauthorized use of the Sites;

 

• Terminate or suspend your access to all or part of the Sites for any reason including any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.

We do not undertake to review all User Contributions before they are posted on the Sites. Accordingly, we have no liability or responsibility to anyone regarding transmissions, communications, or content provided by any user or third party.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, employees and third-party service providers) harmless from all claims, demands, and damages of every kind and nature, including reasonable attorneys’ fees, arising out of either a breach of your representations and warranties set forth above or your violation of any law or the rights of a third party in connection with your User Contribution.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must comply with all applicable federal, state, local laws and regulations. Without limiting the foregoing, User Contributions must not:

• Give the impression that they come from or are endorsed by us;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Contain any material that is defamatory, obscene, indecent, abusive, threatening, offensive, harassing, violent, hateful, or inflammatory;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other intellectual property or other rights of any other person;
• Contain content that is false, inaccurate, misleading, or otherwise likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act; or
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Include any address, email address, or phone numbers.
• Contain any computer viruses, worms or other potentially damaging computer programs or files.

Linking to the Sites and Social Media Features

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by us.

The Sites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Sites;

 

• Send emails or other communications with certain content, or links to certain content, on the Sites;

 

• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not:

• Establish a link to any of our Sites from any website that is not owned or legally operated by you;

 

• Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking);

 

• Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Online Purchases

All purchases made through our Sites are governed by these Terms, our Terms and Conditions of Sale, our Privacy Policy, and any additional terms and conditions that are applicable to your specific purchases. Please be sure to review all additional terms and conditions before you make any purchases via the Sites.

Security

We safeguard the security of the information you provide to us or that we collect with physical, electronic, and managerial measures. Among other protections, we use industry-standard SSL encryption on all web pages where personal information is required or may be submitted to us. To make purchases from any of our Sites, you must use an SSL-enabled browser such as Internet Explorer, Google Chrome, or Mozilla Firefox.

The safety and security of your information also depends on you.  Please use caution when you are on the Internet to protect your personal data. Change your passwords regularly, do not share passwords, and use a combination of letters, numbers and special characters for your passwords. Always make sure you use a secure browser when on the Internet.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted via our Sites.  Any transmission of information is at your own risk.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms or we believe such action is appropriate to ensure the security of the Sites or your account, or to address any suspected security incidents or breaches.

Privacy

Our collection of information via the Sites and our use and/or sharing of such information is explained in more detail in our Privacy Policy.  By using the Sites, you agree to our Privacy Policy.

Reliance on Contents of the Sites

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date at all times. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents.

The Sites may provide chat rooms, bulletin boards, and other means for the public to contribute information and make statements. We do not endorse these statements and does not represent or confirm the statements are true and accurate. You should be cautious when acting on information provided by contributors to these public areas. We disclaim all liability and responsibility arising from any reliance placed on such information or statements by you or any other visitor to the Sites.

Links to Third Party Websites

The Sites contain links to third party websites. These links are provided for your convenience and the third party websites are not under our control. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by us with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party. We have no obligation or liability for any linked third party websites.  Please be aware that, when you visit a linked website, you are subject to the privacy policies and terms and conditions of use for the linked website and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.

Disclaimer of Warranties and Limitation of Liability

The Sites, their features, and their contents are provided “as is,” without any express or implied warranty of any kind.  We cannot and do not guarantee or warrant that: (1) all information you transmit or submit via the Sites will be completely secure and unable to be accessed, altered, deleted; or (2) the Sites, their contents, or features will be free from errors, viruses, bugs, or other harmful components.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.

YOUR USE OF THE SITES, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold us and our employees, officers, and directors harmless from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms by you and/or your activities in connection with the Sites.  We may participate in the defense of any claim.  You shall not settle any claim that affects us without our prior written approval.

Class Action Waiver

WHERE PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no tribunal may consolidate more than one person’s suits or actions or otherwise preside over any form of a representative or class proceeding.

Governing Law and Jurisdiction

These Terms and your use of our Sites shall be governed by and interpreted in accordance with the applicable laws of the United States without giving effect to any choice of law or conflict of law provision or rule. To the extent that federal law is held to have not preempted local law, these Terms and your use of our Sites shall be governed by the laws of the State of Maryland, to the extent applicable, without regard to the rules regarding conflict of laws.

By using our Sites, you consent to the exclusive jurisdiction of the federal and state courts Howard County, Maryland for any action or proceeding arising out of or relating to these Terms or your use of, or reliance on, our Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Contact Information

If you have any questions or concerns about the Sites or these Terms, please contact us at: studio@pegasuslashpro.com.

 

TERMS OF SALE

1. Notice of Important Rights, Obligations and Conditions.

These Terms of Sale (the “Terms”) apply to the purchase and sale of products from Pegasus Lash Pro through our website https://pegasuslashpro.com/ (the “Site”). This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

DO NOT ORDER PRODUCTS FROM US IF YOU:

•      DO NOT AGREE TO THESE TERMS;
•      ARE NOT AT LEAST 18 YEARS OF AGE; OR
•       ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING THIS SITE OR USING OR POSSESSING ANY OF OUR PRODUCTS.

These Terms are subject to change without prior written notice at any time. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product. Your continued purchases of products from our Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation.

Your order is an offer to buy, under these Terms, all products listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products to you.  We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered.  Acceptance of your order and the formation of the contract of sale between Pegasus Lash Pro and you will not take place unless and until you receive an order confirmation email and, if applicable, provided any verification information required by us.

Once we have confirmed an order, you will not be able to cancel the order.  We may cancel an order if we determine an order is fraudulent.

3. Prices and Payment Terms.

(a)   All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation email. We reserve the right to cancel any orders arising from typographical errors in any offer by us.

(b)   Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total.

(c)   Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card or account information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card or account for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment service provider; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges, if any.

(d)   We collect sales tax (where applicable) on all orders based on where the order will be shipped.  If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes.

4. Shipments; Delivery; Title and Risk of Loss.

(a)   Products purchased through this Site cannot be shipped to any PO Box addresses, APO or FPO addresses.  You must provide a physical delivery address.

(b)   We will arrange for shipment of the products to you. Available shipping options for your products will be on the check-out page. You will pay all shipping and handling charges unless otherwise noted.

(c)   We generally ship orders of in-stock inventory within two (2) business days.  We do not ship on weekends.

(d)   Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery company.

(e)   Shipping and delivery dates are estimates only and cannot be guaranteed.  Deliveries may be delayed due to events outside of our control, such as inclement weather, natural disasters, or terrorist attacks.  We are not liable for delays in deliveries.

(f)    All duties and taxes are your responsibility and must be paid by you unless otherwise noted at checkout.

5. Returns and Refunds.

Except for any products designated on the Site as non-returnable or any products that are configured-to-order or customized and subject to the limited warranty set forth below, we will accept a return of the products for a refund of your purchase price, less the original shipping charges, provided such return is made within 30 calendar days of the invoice date and provided such products are returned in their original, unopened and unused condition. There are separate terms and conditions for our hair extension products below  We cannot accept returns of products that have been opened or used unless they are defective and covered by our limited warranty described in Section 6 below.

To return products, you must go to https://pegasuslashpro.com/ to obtain instructions on how to return your product. You must return the product to us with its original packaging, including any accessories, manuals, instructions, or other items that were shipped with the product.

You are responsible for all shipping and handling charges on returned items unless the product is defective and subject to the limited warranty set forth below. You bear the risk of loss during shipment.

Refunds generally will be processed within approximately 3 to 10 business days of our receipt of your merchandise (so long as the merchandise is returned in original condition and returned within 30 days of the invoice date). Your refund will be provided as a store credit or credited back to the same payment method used to make the original purchase on the Site. WE DO NOT PROVIDE REFUNDS FOR ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR ON ANY PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED.

6. Limited Warranty.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT, DURING THE WARRANTY PERIOD, HARDWARE COMPONENTS OF PRODUCTS MANUFACTURED BY US AND PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.  ANY PRODUCTS MANUFACTURED BY THIRD PARTIES AND PURCHASED THROUGH THE SITE WILL BE SUBJECT TO THE WARRANTY, IF ANY, PROVIDED BY THE THIRD PARTY.

THIS LIMITED WARRANTY DOES NOT EXTEND TO OTHER EQUIPMENT, COMPONENTS, OR DEVICES THAT A CUSTOMER MAY USE IN CONJUNCTION WITH OUR PRODUCTS.

THIS LIMITED WARRANTY ONLY APPLIES TO PRODUCTS PURCHASED DIRECTLY FROM US THROUGH OUR SITE OR FROM AUTHORIZED RETAILERS.  IT DOES NOT APPLY TO ANY PRODUCTS PURCHASED FROM UNAUTHORIZED SELLERS OR ANY PRODUCTS THAT ARE USED OR BOUGHT SECOND-HAND. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NO ORAL OR WRITTEN STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR EMPLOYEES OR DISTRIBUTORS WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

(a)            What Is the Period of Warranty Coverage?

This limited warranty starts on the date of delivery and lasts for one year (the “Warranty Period”).  The Warranty Period is not extended if we repair or replace a warranted product.

(b)            Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee.  This limited warranty does not cover any products purchased from unauthorized third party sellers who may, for example, sell our products on sites such as eBay or Amazon.

(c)            What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the hardware components of products purchased from the Site.  It does not cover any software components of products.

(d)            What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

(i)             transportation;

(ii)            storage;

(iii)          improper use;

(iv)       failure to follow the product instructions or to perform any preventive maintenance;

(v)            modifications;

(vi)          unauthorized repair;

(vii)         normal wear and tear; or

(viii)       external causes such as accidents, abuse, theft, or other actions or events beyond our control.

This limited warranty only covers our products and does not cover any other equipment, components, or other devices used in conjunction with our products.

(e)            What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion: (i) repair or replace such products (or the defective part) with a comparable product or part free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to send the repaired or replacement product to you if we elect to repair or replace the defective products.

(f)             How Do You Obtain Warranty Service?

All requests for warranty service require proof of purchase from the Site (such as an invoice or order confirmation email). To obtain warranty service (that is, a repair or replacement as a result a defective product), you must call +1 (604) 499-5739 or email our Customer Service Department at studio@pegasuslashpro.com during the Warranty Period to receive instructions on how your warranty service will be handled.  We will generally respond within five (5) business days with further instruction, including whether you will need to return the product to us and, if so, how to do so.

(g)            Limitation of Liability.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

(h)            What Can You Do in Case of a Dispute with Us?

The dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

7. Intellectual Property Rights.

You acknowledge and agree that:

(a)  We or our suppliers own all rights, title and interest, including the Intellectual Property Rights, in or to the products marketed and/or sold through the Site. For the purpose of this Agreement, “Intellectual Property Rights” means any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights and moral rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; and (d) patents, designs, and other industrial property rights.

(b) You do not have and, by reason or your purchase, will not have or acquire any ownership of any Intellectual Property Rights in or to the products marketed or sold through the Site.

(c) You will not: (i) distribute, republish or reproduce all or any part of the products; (ii) remove any proprietary notices, labels, or marks on any product or any component of any product; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to reproduce or copy the products or any components of the products.

8. Goods for Resale or Export.

If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes.

You agree to comply with all applicable laws and regulations of the various states and of the United States and any country into which you import any products you purchase through the Site. You understand that you are wholly and exclusively responsible for compliance with any resale, exportation, importation, distribution, marketing, labeling, licensing, and registration laws applicable to any products you purchase through the Site.  You further agree to indemnify, defend and hold harmless Pegasus Lash Pro and its directors, officers, employees, and agents from and against any and all causes of action, liabilities, claims, costs, damages and expenses arising out of or related to or in connection with (a) your misuse of the products, (b) your importation, storage, marketing, sale or distribution of the products, and (c) your failure to comply with any applicable law, regulation, or industry standard regarding the export, import, distribution, marketing or sale of the products.

9. Force Majeure.

We will not be liable or responsible to you for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), delays affecting carriers, telecommunications outage, or power outage.

10. Governing Law and Jurisdiction.

Except for issues governed by federal law, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of British Columbia in the Canada without giving effect to any choice or conflict of law provision or rule (whether of the Province of British Columbia or any other jurisdiction).

11. Dispute Resolution and Binding Arbitration.

(a)  YOU AND WE ARE AGREEING TO GIVE UP (WAIVE) ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION EXCEPT AS PROVIDED BELOW.

(b)  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules if you are an individual consumer or the Commercial Arbitration Rules and Mediation Procedures if you are a business, except as modified by this Section 11. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if your claim is within the scope of the small-claims court’s jurisdiction. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d)  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

12. Entire Agreement.

Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Privacy Policy are the final and integrated agreement between you and us on the matters contained in these Terms.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.