ESTHETICIAN CONNECTION TERMS AND CONDITIONS
LAST REVISED: 4/12/2019
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST NEITHER ACCESS NOR USE THE SITES.
Our Sites enable you to organically discover merchandise, services, and brands (“Products”) that are relevant to your interests and/or business. You may also learn about our specials and promotions, sign up for our newsletter and marketing emails, and communicate with us through the Sites. You may view the Sites as a guest; however, certain features of our Sites require you to register an Account (as defined below) and become a Member.
Esthetician Connection membership is for cosmetologists and professionals in the beauty industry only and a valid cosmetology or esthetician license, business/school tax ID, or student ID. This information will be verified by Esthetician Connection. You understand that you must be a state licensed cosmetologist or professional in order to purchase Products on-line from Esthetician Connection.
To register you must create a member account by providing a valid email address and creating a unique password (“Account”). If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. Esthetician Connection does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Esthetician Connection only with involvement of a parent or guardian. Esthetician Connection and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Esthetician Connection grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this Site. However, you may not download from (other than page caching) or modify the site, except with express written consent of Esthetician Connection. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, artwork, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another company; or any use of data mining. Except for this limited license we do not grant you any other rights or license.
You are further prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following: gain or attempt to gain unauthorized access to any portion or feature of our Site, or any other system or network connected to our Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data; use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Site; not to make any false or misleading statements in connection with your use of our Site; use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; restrict or inhibit any other Member from using and enjoying our Site; and/or violate any applicable laws or regulations.
We reserve all rights not expressly granted herein.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
Esthetician Connection does not endorse any content or any opinion, recommendation or advice expressed therein, and Esthetician Connection disclaims all liability with respect to Your Content. You acknowledge that you, not Esthetician Connection, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Esthetician Connection, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
If Your Content includes ideas, suggestions, documents or proposals to Esthetician Connection you agree that: (a) such Content is not confidential or proprietary; (b) Esthetician Connection may have something similar to that Content already under development; and (c) you are not entitled to compensation of any kind for such Content from Esthetician Connection under any circumstances unless you are otherwise notified by Esthetician Connection in writing.
Some purchases may be created, completed, and fulfilled by The Esthetician Connection on the Site (“EC Purchase(s)”). Some purchases may be created on the Site but fulfilled by a third party (e.g, by a Vendor Brand). Some purchases may be created, completed, and fulfilled by a third party (e.g, by a Vendor Brand where Member will often be provided (i) a link on the Site to the Vendor Brand website to make the purchase and (ii) a coupon code from the Site to use on Vendor Brand website for purchase).
For any purchase that is not an EC Purchase, The Esthetician Connection is acting as an intermediary in this relationship and has only a facilitative and mediating role. The Esthetician Connection is in no way responsible for the acts or omissions of either the Vendor Brand or you (“Buyer”). Any agreement in those cases is therefore exclusively contracted between the Vendor Brand and the Buyer, and both parties indemnify the Esthetician Connection against damages claims or claims of any other nature. Notwithstanding the foregoing, The Esthetician Connection will always do its best to ensure all non-EC Purchases are a smooth and beneficial process for our Members.
*North Carolina Residents: A Tax ID # from the North Carolina Department of Revenue must be provided for all orders purchased in the North Carolina to exempt taxation of retail products. North Carolina orders shall be taxed at a rate of six percent (6%) on professional or personal use EC Products.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Esthetician Connection.
Unless otherwise noted, the products displayed on the Site can be ordered and delivered only within the U.S. All prices displayed on the Site are quoted in U.S. Dollars. You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through Site. All payments are processed by PayPal (https://paypal.com) and are subject to additional provisions.
All material and information presented by Esthetician Vendor Brand is intended to be used for personal/professional educational or informational purposes only. Unless otherwise noted: (i) the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals; (ii) the statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines as PROVIDED BY manufacturer OF PRODUCTS. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice. A physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Esthetician Connection does not give or intend to give any answers to medical related questions and the Site does not replace any medical professional or medical resource. Esthetician Connection does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
NONE OF THE PRODUCTS, TEXT OR ADVICE ON THIS SITE HAVE BEEN APPROVED OR ENDORSED BY A PHYSICIAN, THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY. CONSULT YOUR PHYSICIAN IF YOU HAVE QUESTIONS ABOUT THE USE OF GOODS OR SERVICES AFTER READING THE LABEL AND ANY RELATED INFORMATION. USE OF GOODS OR SERVICES SOLD ON THIS SITE MAY TRIGGER ALLERGIES AND OTHER HEALTH RELATED ISSUES. REACTIONS MAY RESULT FROM MILD DISCOMFORT TO PHYSICAL IMPAIRMENT. IF YOU NEED EMERGENCY HELP RELATED TO ANY PHYSICAL OR MENTAL REACTION, PLEASE DIAL 911.
Unless noted to the contrary in the product description page for each Product (“Fine Print”), all items (including goods and services) purchased through the Site are non-refundable and all sales are final.
INTELLECTUAL PROPERTY RIGHTS.
The design of our Site(s) and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Esthetician Connection. The collective work includes works that are licensed to Esthetician Connection. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Esthetician Connection or to purchase Esthetician Connection Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Esthetician Connection. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Esthetician Connection used in the site are trademarks or registered trademarks of Esthetician Connection.
Esthetician Connection and all Site page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Esthetician Connection and may not be used in connection with any product or service that is not offered by Esthetician Connection in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Esthetician Connection. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
This Site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Esthetician Connection disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Esthetician Connection does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Esthetician Connection does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, ESTHETICIAN CONNECTION’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ESTHETICIAN CONNECTION DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
Limitation of Liability.
Esthetician Connection shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the Products, even if Esthetician Connection has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Under no circumstances are we liable for any loss, damage or expenses of any kind arising out of the use or inability to use our Products. It is important that you analyze all aspects of your application and review the technical information concerning the product. You, the Member, are solely responsible for making the appropriate selection of products for your application and assuring that all performance and safety requirements for the product are met, and the service you are providing is within the scope of your licensure, and acceptable by your State Board.
Esthetician Connection will attempt to ship your order when required (and attempt to have Vendor Brands do the same), but we do not accept any responsibility for late shipments.
In the event that an Esthetician Connection product is mistakenly listed at an incorrect price, Esthetician Connection reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Esthetician Connection reserves 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, Esthetician Connection shall issue a credit to your credit card account in the amount of the incorrect price.
Products may vary from Site picture as manufacturers often make changes/improvements to product design, color and packaging. In addition, some products may be hand made and thus have variation even within the same order. While Esthetician Connection has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Esthetician Connection attempts to be as accurate as possible in its product descriptions; however, Esthetician Connection does not warrant that product descriptions or other content of this Site is accurate, reliable, complete, error-free or current.
Events Beyond Esthetician Connection's Control/Force Majeure.
You expressly absolve and release Esthetician Connection from any claim of harm resulting from a cause beyond Esthetician Connection's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, supplier delays and issues, wars or governmental restrictions.
If the performance of any part of this Agreement by Esthetician Connection is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, supplier delays or issues, act of God or any other cause or causes beyond Esthetician Connection's control, Esthetician Connection shall be excused to the extent that Esthetician Connection is prevented, hindered or delayed by such cause or causes. In the event of such circumstances which hinder or delay Esthetician Connection's performance, Esthetician Connection (i) will, if possible, attempt to communicate such information to you, and (ii) reserves the right to take appropriate actions to address the situation including the cancellation of your order and the refund your purchase price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Esthetician Connection without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.
Esthetician Connection may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Esthetician Connection.
Your use of this Site shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Esthetician Connection products) shall be in the state or federal courts located in North Carolina (specifically Mecklenburg County,, if available). Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Esthetician Connection products) must be commenced within one (1) year after the claim or cause of action arises. Esthetician Connection's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Esthetician Connection may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site.
Harassment in any manner or form on the Site (and Third party Sites, if applicable), including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Esthetician Connection or other licensed employee, host, or representative, as well as other members or visitors on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the site to solicit others to join or become members of any other commercial online service or other organization.
We respect the intellectual property of others, and we ask our Members to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Email: firstname.lastname@example.org
Esthetician Connection does not and cannot review all communications and materials posted to or created by Members accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Member-generated content on the site, Esthetician Connection is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Esthetician Connection reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Esthetician Connection in its sole discretion.
This Site may contain errors and may not be complete or current. Esthetician Connection, therefore, reserves the right to the fullest extent allowed by law to correct any errors 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 or omissions may relate to product descriptions, pricing, and availability, and Esthetician Connection reserves the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed for any reason including incorrect pricing or availability information. Esthetician Connection apologizes for any inconvenience.
You agree to defend and indemnify us and our affiliates, employees, contractors, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
Any dispute relating in any way to your visit to Esthetician Connection or to products you purchase through Esthetician Connection shall be submitted to confidential arbitration in Charlotte, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Esthetician Connection's intellectual property rights, Esthetician Connection may seek injunctive or other appropriate relief in any State or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
In an attempt to provide increased value to our visitors, Esthetician Connection may link to sites operated by third parties. However, even if the third party is affiliated with Esthetician Connection, Esthetician Connection has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Esthetician Connection. You access them at your own risk. Nonetheless, Esthetician Connection seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
It is the responsibility of User / Customer to upload the correct documents (license and/or reseller certificate), and ensure that each submitted document is valid/not expired. (This can be done on your 'Account Dashboard' page when logged in to the website.) Additionally, it is the responsibility of User / Customer to remove expired documents and provide valid replacement documentation. If User / Customer does not have the proper reseller certificate on file, and is charged sales tax, the User / Customer is not entitled to a refund of the charged sales tax. Further, The Esthetician Connection will not be able to retroactively remove any charged sales tax for any reason whatsoever.
CONTACT INFORMATION AND/OR QUESTIONS
If you have any questions or concerns, please contact us at:
Esthetician Connection, LLC.
13016 Eastfield Road
Huntersville, NC 28078