NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE WEBSITE, THESE TERMS OF USE OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE.  YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY.

Welcome to Esthetic Underground, Inc., DBA  Biba Los Angeles,  Biba de Sousa Los Angeles These Terms of Use are between you and Biba de Sousa Los Angeles  and its corporate affiliates ("We," "us,"  "our," or the "Company") for the use of the Biba de Sousa Los Angeles (the " Website") and any current or future features, tools or services offered through the Website, or any apps associated with the Website. The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (" Terms of Use" or "Agreement"). If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your Content

Our Website may allow you to post, share or make available certain comments, content or other materials onto the Website (e.g., through product reviews or community sections of the Website). In addition, we may use functionality provided by third parties, including social media networks (e.g., Instagram), which will allow us to re-post on our Website posts you have made through social networks, through the use of a specific hashtag or other tag we have identified for use with this feature. By submitting comments, content or other materials ("Your Content") in any manner, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Website. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Website (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.

Keep in mind that any of Your Content that you post or make available to us directly or through a social network may be made public on the Website and can be copied by third parties. This includes your photo or any personal information you may include in Your Content. Therefore, if you don’t want Your Content made public, do not submit it to us or utilize the applicable hashtag or other identifier on your social network account.

By submitting Your Content as described herein, you agree to abide by the restrictions in the Prohibited Uses section below. Please note that our treatment of any personal information included in Your Content will be governed by our Privacy Policy.

Ownership of Our Content

All content on the Website other than Your Content (as defined below), including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the "Company Content"), is the proprietary property of the Company, or its endorsers or partners (collectively, " Company Partners"). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish the Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or a Company Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.

License To Use Website

You may use the Website, and the Company Content thereon, solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. You acquire no rights or licenses in or to the Website or Company Content other than the limited right to utilize the Website in accordance with these Terms of Use.

User Eligibility

You acknowledge that you are 13 years of age or older. Children under the age of 13 are not allowed to purchase any products through our Website.

Privacy

Any and all information that we obtain from you on the Website (including if you register for an account), or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: https://www.bibalosangeles.com/pages/privacy-policy

 

ACCOUNT

When you register for an account on the Website, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and other account information. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your account. Your username and password are not transferable.

Products/Orders

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order or based on your country of origin. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Pricing/Taxes

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time at our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and shall issue a credit to your credit card account in the amount of the incorrect price.

To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.

Termination

We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, we may delete and/or store, in its discretion, data associated with your use of the Website. We may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any feature, database, or content.

Promotions

The Website may periodically contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Communications On Internet; Events Beyond Our Control

Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF ANY COMPANY OR COMPANY PARTNER PROMOTION, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE. IN NO EVENT SHALL COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section shall survive any termination of the Terms of Use.

Links To Other Websites And Information About Other Products And Services

Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Copyright Policy

If you believe that any content, including any user submissions, or other materials, posted on the Website constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: hello@bibalosangeles.com.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity

You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.

Governing Law/Dispute Resolution/Arbitration

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

By using the Site, you agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by the Company, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court with appropriate jurisdiction, including equitable relief or other provisional relief as appropriate, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California. Notwithstanding anything else in these Terms of Use or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in these Terms of Use or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under these Terms of Use. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, Los Angeles County. For purposes of these Terms of Use, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Location

We make no representations or warranties that the Website is appropriate or available for use in your country of origin. Visitors who choose to access the Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. When we post amended terms, we will include the date such amended terms were posted in the last line of these Terms of Use. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement

This Agreement, our Privacy Policy, and all other policies posted on the Website (e.g., Shipping and Returns policies) contain the entire agreement between you and the Company with respect to this Website and your purchases through the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Miscellaneous

For any questions or comments, or to report violations of this agreement, contact the Company at: hello@bibalosangeles.com with "Terms of Use Agreement" in the subject line of your email.

These Terms of Use are effective as of July 2021 and were modified in January 2022.