TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 1/21/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Pretties For Your Face , also
known as PFYF, located at Fall River, MA, 02724 and our subsidiaries and
affiliates, in association with the use of the PFYF website, which includes prettiesforyourface.com, (the
"Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
To sell handmade cosmetics, beauty products, and tools.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Pretties For Your Face. At its discretion, Pretties For Your
Face may offer additional website Services and/or products, or update, modify or revise any current content
and Services, and this Agreement shall apply to any and all additional Services and/or products and any and
all updated, modified or revised Services unless otherwise stipulated. Pretties For Your Face does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that Pretties For Your Face shall not be held
liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services
and/or products. Your continued use of the Services provided, after such posting of any updates, changes,
and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and policies should be made by
you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the
updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided "AS IS" and as such Pretties For Your Face shall not assume any responsibility or obligation
Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MASSACHUSETTS, COUNTY OF PLYMOUTH. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.