Terms and conditions
Terms and Conditions
AMINOBOX TERMS AND CONDITIONS
Last updated: 25 JULY 2024
Welcome to the AminoBox website (the “Site”). AminoBox provides access and use of the Site, including all content, products, and services available on the Site (collectively with the Site, the “Offerings”), subject to these Terms and Conditions, our Privacy Policy, and any additional terms referenced herein (collectively, the “Terms”). These Terms govern your use of our Site and your conduct, irrespective of your means of access, whether from a computer, mobile phone, or other device.
AminoBox will process the orders placed through this Site and will be the merchant of record for such orders, unless otherwise indicated during the checkout process. AminoBox will be referred to collectively as (“AminoBox”, “we”, “us” or “our”).
These Terms apply to any website or document that links to these Terms.
THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AMINOBOX (COLLECTIVELY, THE “PARTIES”), PLEASE CAREFULLY READ THEM BEFORE ACCESSING OR USING ANY OFFERING. BY ACCESSING OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, AND AGREE TO BE BOUND BY THE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY.
IF YOU DO NOT AGREE TO THE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF ANY OFFERINGS AND YOU MUST NOT ACCESS OR USE ANY OFFERINGS.
IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:
THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND AMINOBOX AND/OR ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 24 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU AND AMINOBOX WILL NOT BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.
1. DEFINITIONS
Capitalized terms used in these Terms have the definitions given in the context in which they are used. All other terms used herein have the plain English (U.S.) meaning.
2. ELIGIBILITY
You may only access and use the Offerings if you are 18 years of age or older and meet the other eligibility requirements specified in the Terms. By accessing or using any Offerings, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of these requirements, you may not access or use any Offerings. Our Offerings are not available to any users we previously removed from our Offerings.
3. MODIFICATIONS
We reserve the right, at any time in our sole discretion, to modify the Offerings with or without notice to you, by making those modifications available on the Site. We also reserve the right, at any time in our sole discretion, to modify the Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. We will inform you of the presence of any changes to the Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate your Account or cease using the Offerings if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Offerings following such notice period. We will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically.
4. PRIVACY
Please review our privacy policy for details about our personal information practices. The Privacy Policy is incorporated by reference herein, and these Terms and Conditions are incorporated into the Privacy Policy.
5. PURCHASE RELATED POLICIES AND PROCEDURES
To view terms and conditions related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), which are incorporated into these Terms by reference, please visit our shipping page.
6. PRODUCTS AND SERVICES ARE FOR PERSONAL BEAUTY RESEARCH USE
The products and services available on the Site, and any samples we may provide to you, are for your personal and/or professional research use only. You may not sell or resell any of the products or services, or any samples, that you purchase or otherwise receive from us or otherwise use the Offerings for any commercial purposes. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
7. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products and services on the Site; however, we do not warrant that the descriptions, colors, information, or other Content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
8. TERMINATION
Except as indicated in this Section, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Offerings, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased products or services and these Terms will continue to apply to all products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.
9. YOUR OBLIGATIONS AND RESPONSIBILITIES
When accessing or using the Offerings, you will at all times comply with these Terms and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Offerings, and may not impair the integrity or operation of the Offerings in any way. You further agree not to (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, any AminoBox employee, contractor, forum leader, guide, or host; (2) “stalk” or otherwise harass including advocating harassment of another (including, without limitation, any AminoBox employee, contractor, or host), entrap or harm any third party including harming minors in any way; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including Your Content; (4) intentionally or unintentionally violate any applicable local, state, national or international law; or (5) collect or store personally identifiable data about other users. Without limiting the generality of any other provision of these Terms, if you default on your obligations as set forth in these Terms, you shall be liable for all losses and damages your default may cause us, our parents, subsidiaries, affiliates, partners, or licensors.
10. YOUR RIGHTS
10.1 To Access the Site
You may access and use the Site for personal purposes, provided you comply with these Terms and any other agreements related to specific areas or features of the Site. If you are using the Site on behalf of someone else or an entity, you must have the authority to bind that person or entity to these Terms. If you lack such authority, you agree to be personally bound by these Terms and accept liability for any misuse of the Offerings.
10.2 To Create Links
You may create a hyperlink to the home page of the Site for personal, non-commercial use, provided that the linking website does not replicate our content, imply endorsement, misrepresent its relationship with us, contain inappropriate content, or link to any page other than the home page. We may request the removal of any link at our discretion, and you must comply immediately with such a request.
10.3 To Access Content
You may access various types of content on the Site, including marketing materials, software, text, music, audio, video, photographs, maps, images, illustrations, graphics, trademarks, logos, service marks, button icons, messages, and other media (“Content”). Except for Your Content, all Content on the Site is owned by us or our third-party providers. You are responsible for verifying the accuracy of the Content and may not edit, distribute, sell, or use it in ways not expressly permitted by these Terms. We do not endorse or verify third-party content and are not liable for any issues arising from its use.
10.4 Restrictions
The Offerings contain valuable trade secrets. You agree not to:
- Access the Offerings except as allowed by these Terms.
- Frame or enclose any part of the Offerings.
- Copy, republish, redistribute, transmit, sell, license, or download any Offerings (except caching or as necessary to view the Site).
- Distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Offerings, or otherwise make the Offerings available to any third party.
- Use the Offerings other than for your personal use.
- Disassemble, decode, decompile, modify, reverse engineer, or create any derivative works based upon any part of the Offerings.
- Collect account information for the benefit of yourself or another party or otherwise attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Offerings.
- Use any meta tags or any other “hidden text” utilizing any part of the Offerings.
- Use software robots, spiders, crawlers, data mining tools, automated or non-automated scraping, or similar data gathering and extraction tools to access, collect, copy, or record the Offerings.
- Use our Offerings in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.
- Share passwords or authentication credentials for our Offerings.
- Take any other action that may impose an unreasonable burden or load on our infrastructure or otherwise impact the stability of our servers or the behavior of other applications using our Offerings.
You must retain, without modification, all proprietary notices on the Offerings or affixed to or contained in any Offerings. Unauthorized use of any Offerings will automatically terminate all rights and licenses granted to you under these Terms, without prejudice to any other remedy provided by applicable law or these Terms.
11. DISCLAIMER OF WARRANTIES
The Offerings are provided "as is" and "as available." Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind, express or implied, regarding these Terms or any Offering. We and our parents, subsidiaries, affiliates, partners, and licensors expressly disclaim all warranties, including implied or statutory warranties of merchantability, fitness for a particular purpose, title, and non-infringement of intellectual property rights.
You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable for any:
- Interruption of business;
- Access delays or interruptions to the Site;
- Data non-delivery, misdelivery, corruption, destruction, loss, or modification;
- Loss or damages of any kind incurred as a result of dealings with or the presence of off-website links on the Site;
- Computer viruses, system failures, or malfunctions which may occur in connection with your use of any Offering, including during hyperlink to or from third-party websites;
- Inaccuracies or omissions in any content; or
- Events beyond our reasonable control.
12. LIMITATION OF LIABILITY
Neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect, incidental, special, exemplary, delay, or consequential damages, however caused, under any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise), relating to or arising in connection with any Offerings or use of any Offerings, even if we have been advised of the possibility of such damages. This includes, without limitation, any loss of opportunity, revenues or profits, business interruption, or procurement of substitute goods or services.
Our total cumulative liability in connection with these Terms and all services provided under these Terms, whether in contract or tort or otherwise, will not exceed the amounts paid by you to us in the 3-month period preceding the events giving rise to any liability or $100, whichever is greater. You agree that we would not enter into these Terms without these limitations on our liability. In jurisdictions where limitation of liability for consequential or incidental damages is not permitted, our liability is limited to the maximum extent permitted by law.
13. INDEMNIFICATION
You agree to defend, indemnify and hold us and our officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest ("Indemnified Parties") harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damages awards, and settlement amounts), resulting from any third-party claim, action, or demand relating to:
(a) Your use of or access to any Offering; (b) Your Content; (c) Your breach of any representation, warranty, or other provision of these Terms; (d) Your violation of any applicable law, rule, or regulation; (e) Your willful misconduct; or (f) Any other party’s access and use of our Offerings with your unique username, password, or other appropriate security code.
We will provide you notice of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.
14. NOTICE
You consent to receive agreements, notices, disclosures, and other communications ("Notices") from us electronically via email or by posting on the Site. Electronic notices satisfy legal requirements for written communication. To withdraw consent, notify us via email and discontinue using the Offerings, which will terminate all rights granted under these Terms. This consent is separate from marketing communication preferences, which are set in our Privacy Policy.
15. GENERAL
These Terms constitute the complete and exclusive agreement between us regarding your use of the Offerings, superseding all prior agreements. No agency, partnership, or joint enterprise is created by these Terms. Failure to enforce any provision does not waive our right to enforce it later. If any provision is unenforceable, the rest remain in effect, modified to reflect the original intent. Headings are for convenience and not interpretation. Rights under these Terms are cumulative and may be exercised concurrently. You cannot assign these Terms without our prior written approval; any such assignment is void. We may assign these Terms to any party that assumes our obligations.
16. CONTACT
For questions regarding these Terms, email us at INFO@AMINOBOX.COM.
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