Last Updated: 12/17/2022
3. Use/Ownership/Intellectual Property Rights
The Website, the Website Content, and all our software, systems, code, technology, and know-how (“Cohere Beauty Technology”) are owned by and licensed to us and our licensors and vendors, and are protected by United States and foreign intellectual property laws. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Website and the Website Content (collectively, the “Marks”) are owned by or licensed to us and protected by United States and foreign intellectual property laws. You agree that we and our licensors own and retain all right, title, and interest (including all intellectual property rights) in and to the Website, the Website Content, the Marks, and the Cohere Beauty Technology (collectively, the “Cohere Beauty Intellectual Property”), and that no interest therein is transferred to you.
You are authorized to view and download a single copy of certain Website Content provided you retain all copyright and other proprietary notices contained in the original Website Content on any copy you make of the Website Content.
4. Restrictions on Use
You may not:
- sell, reproduce, distribute, or publicly perform or display the Website or the Website Content;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Website or the Website Content;
- prepare derivative work based on the Website or the Website Content.
- remove, obscure, or modify any copyright, trademark, or other proprietary rights notices, Marks, or labels contained on or within the Website or the Website Content;
- use the Website or the Website Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- post, transmit, submit or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind;
- submit or post any false or misleading information;
- attempt to gain unauthorized access to any accounts, servers, features, systems, or networks through hacking, password mining, or any other means;
- access data not intended for you;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- violate, infringe, misappropriate the publicity, privacy, or other proprietary rights of us, our licensors, or any other person related to the Website or the Website Content.
- attempt to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing;”
- send unsolicited e- mail, including promotions and/or advertising of products or services;
- forge any Cohere Beauty packet header or any part of the header information in any e-mail or newsgroup posting;
- distribute or otherwise publish, without our approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- solicit other users of the Website to join or become members of any commercial online service;
- use the Website Content on any other website or in a networked computer environment for any purpose; or
- delete or revise any material posted by any other person or entity.
The use of the Website and the Website Content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Website at any time without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Website.
5. Disclaimer of Warranties
THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. WE MAY DISCONTINUE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE WEBSITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THAT THE WEBSITE OR THE WEBSITE CONTENT WILL MET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ALSO MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE WEBSITE CONTENT, OR ANY SOFTWARE, TEXT, GRAPHICS OR LINKS. IF YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THE COSTS OF SUCH SERVICING OR REPLACEMENT.
7. Limitation of Liability
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF $100 OR ANY AMOUNT YOU HAVE PAID TO US, IF ANY, IN THE PAST TWELVE MONTHS.
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
You are permitted to link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation. In linking to the Website, you are prohibited from (a) replicating Website Content; (b) using a frame, browser, or border environment around the Website Content; (c) implying in any fashion that we or any of our affiliates are endorsing you; (d) misrepresenting any state of facts, including your relationship with us or any of our affiliates, (e) presenting false information about the Website or the Website Content; and (f) using any Mark of ours or any of our affiliates without express written permission from us. We reserve the right to disable any unauthorized links or frames. We hereby disclaim all liability for any material on other websites that may contain links to the Website.
10. Governing Law/Jurisdiction/Claim Limitation
The arbitration shall be conducted on a confidential basis pursuant to the Consumer Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO LITIGATE IN COURT. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING, YOU ALONE IN AN ARBITRATION PROCEEDING. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC, WHETHER IN ARBITRATION OR OTHERWISE.
12. Contact Us