Agreement between User and The Beauty Bat

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The Beauty Bat website www.thebeautybat.com (the "Site") is comprised of various webpages operated by The Beauty Bat. This website is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein. Your use of www.thebeautybat.com constitutes your agreement to all such Terms. Please read these terms carefully. You may wish to keep a copy for your reference.

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The Beauty Bat and www.thebeautybat.com is an E-Commerce Site. It provides on-site makeup services.

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Privacy

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Your use of www.thebeautybat.com is subject to The Beauty Bat's privacy policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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Electronic Communications

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Visiting www.thebeautybat.com or sending emails to The Beauty Bat constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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Children Under Thirteen

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The Beauty Bat does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under eighteen years of age, you may use www.thebeautybat.com only with permission of a parent or guardian.

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Cancellation/Refund Policy

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The cancellation policy can be found in the Service Contract, signed by both The Beauty Bat and user prior to service. Subscriptions to email lists may be terminated by clicking the "Unsubscribe" link. Please contact us at tamara.maslanka@gmail.com with any questions.

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Links to Third Party Sites/Third Party Services

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The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under control of The Beauty Bat and The Beauty Bat is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Beauty Bat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Beauty Bat of the site or any association with its operators.

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Certain services made available via www.thebeautybat.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.thebeautybat.com domain, you hereby acknowledge and consent that The Beauty Bat may share such information and data with any party whom The Beauty Bat has a contractual relationship to provide the requested product, service, or functionality on behalf of www.thebeautybat.com and its customers.

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No Unlawful or Prohibited Use/Intellectual Property

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You are granted a non-exclusive, non-transferable, revocable license to access and use www.thebeautybat.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Beauty Bat that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

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All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Beauty Bat or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Beauty Bat content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content soley for your personal use, and will make no other use of content without the express written permission of The Beauty Bat and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Beauty Bat or our licensors except as expressly authorized by these Terms.

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International Users

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This service is controlled, operated, and administered by The Beauty Bat within the United States of America. If you access the Site from a location outside of the United States of America, you are responsible for compliance within all local laws. You agree that you will not use The Beauty Bat content accessed through www.thebeautybat.com in any country or any manner prohibited by applicable laws, restrictions, or regulations.

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Indemnification

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You agree to indemnify, defend, and hold harmless The Beauty Bat, its employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation to any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Beauty Bat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Beauty Bat in asserting any available defenses.

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Arbitration

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In the event that parties are not able to solve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed on by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretations and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

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Class Action Waiver

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Any arbitration under these Terms and Conditions will take place on an individual bases; class arbitrations and class/representative/collective actions are not permitted. THESE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Beauty Bat agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

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Liability Disclaimer

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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BEAUTY BAT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

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THE BEAUTY BAT AND/OR ITS SUPPLIERS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BEAUTY BAT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BEAUTY BAT AND/OR ITS SUPPLIERS BY LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BEAUTY BAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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Termination/Access Restriction

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The Beauty Bat reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the States of Wisconsin and Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin and Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Beauty Bat as a result of this agreement or use of the Site. The Beauty Bat's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Beauty Bat's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Beauty Bat with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty of disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Beauty Bat with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Beauty Bat with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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Changes to Terms

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The Beauty Bat reserves the right to change the Terms under which www.thebeautybat.com is offered. The most current version of the Terms will supersede all previous versions. The Beauty Bat encourages you to periodically review the Terms to stay informed of our updates.

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Contact Information

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The Beauty Bat welcomes your questions or concerns regarding these Terms. Please contact The Beauty Bat via email (tami@thebeautybat.com) or phone (708.247.8264).

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Effective as of January 16, 2023