Terms of Use

I. GENERAL

These Terms of Use, our Privacy Policy and our Sales Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this web site, apply to you when you view, access or otherwise use the web site located at www.uberlash.com and www.ubercosmetics.com (the "Site"). The Site is owned by UberCosmetics International, Ltd. ("UberCosmetics") and is operated by UberCosmetics on its own behalf and on behalf of its affiliates, including but not limited to UberCosmetics Aesthetics, Inc. and UberCosmetics Ltd., and for the purposes of these Terms of Use, the terms "we," "us," "our," and "UBERCOSMETICS," refer to UberCosmetics, Inc and its affiliates. "You" refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

UberCosmetics reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

The Site is intended for and directed to residents of the European Union and all information, advertising and claims contained on the Site are valid in and applicable only to the European Union

II. PRIVACY POLICY AND Sales Policy

In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy and our Sales Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, and our Sales Policy contains additional terms regarding your purchase of Products through the Store. You agree that your have read, agreed to and understand UberCosmetics's complete Privacy Policy and Sales Policy.

III. USE OF THE SITE AND SITE CONTENT

(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon ("Site Content"), provided that you comply fully with these Terms of Use. Except as provided in Section III(d) below, the Site and the Site Content is intended for non-commercial purposes only. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under United Kingdom and European Union copyright laws, and is owned or controlled by, or licensed to, UberCosmetics or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

[© 2011 UberCosmetics, Inc. The UberCosmetics logo and all associated trademarks and logos used herein are trademarks of UberCosmetics, Inc. Other company and product names used herein are properties of their respective owners. All rights reserved.]

(c) Trademarks

"UberCosmetics," "TNS Recovery Complex" and other marks, product names and company names appearing on the Site, are trademarks and service marks of UberCosmetics and/or their respective owners, and are protected by law. They may be used publicly only with permission from UberCosmetics. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Commercial Use of Site Content

To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please send email to info@Uberlash.com and provide the following information in the body of the email:

We will evaluate and respond to your request as soon as possible. UberCosmetics reserves the right to condition or refuse to consent to the use of any or all of the Site Content at any time and in any manner, in UberCosmetics's sole discretion.

You many not provide links to images or text on UberCosmetics's Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.

(e) Accuracy of Information

UberCosmetics strives to accurately and completely describe its products and provide updated information on the Site; however, UberCosmetics does not warrant that product descriptions and information on the Site are complete or free from error.

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of UberCosmetics, and we do not support or endorse any User Content or any other content otherwise posted by you or any other user.

(f) Links to Other Sites and/or Materials

Links may appear on the Site that may be used to link to other site(s). These links are provided solely as a courtesy to our Site visitors. Other than with respect to linked sites which are expressly stated on such sites as being owned or controlled by UberCosmetics ("UberCosmetics Related Sites"), UberCosmetics has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites ("Linked Sites"). Each UberCosmetics Related Site may have an individual privacy policy and/or terms of use which govern your use of and access to such UberCosmetics Related Site, and we recommend that you review the policies applicable to these sites prior to your use. UberCosmetics is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk. UberCosmetics reserves the right to add, change, decline or remove any link at any time.

Our "Find a Physician" page only provides information regarding physicians who carry UberCosmetics products. UberCosmetics makes no guarantees or representations regarding the quality of service provided by those physicians. UberCosmetics expressly disclaims all liability for the actions of the physicians listed on this Site.

V. USER CONTENT

From time to time, UberCosmetics may provide you with the opportunity to post certain information, data, text, music, sounds, photographs, graphics, videos, messages or other materials including but not limited to comments on our products, facts, advice, "tips", testimonials and opinions (collectively, "User Content"), in or otherwise using Public Communications Features (as defined in our Privacy Policy) available to you through the Site from time to time.

Subject to our Privacy Policy all User Content that you post on the Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site, and you hereby grant UberCosmetics the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, or post such User Content (in whole or in part) world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You agree that you are solely responsible for your User Content. You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not screen, monitor, review, or edit the User Content posted by you and other users on the Site. However, we have the right (but not the obligation) at our sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate, or inaccurate.

VI. PROHIBITED ACTIONS

Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; (vi) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (vii) intentionally or unintentionally violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (x) solicit other guests of the Site to become members of any commercial on line service or other group or organization.

UberCosmetics does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with UberCosmetics unless you have provided clear and conspicuous notice to UberCosmetics and have received prior written consent from UberCosmetics.

VII. DISCLAIMERS AND LIMITATION OF LIABILITY

(a) Disclaimer of Liability

NEITHER UBERCOSMETICS NOT ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER SITE CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

(b) Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, UBERCOSMETICS, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF UBERCOSMETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES UBERCOSMETICS'S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF PRODUCTS SOLD TO YOU THROUGH THE SITE IN THE PROCEEDING TWELVE MONTH PERIOD. UBERCOSMETICS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UBERCOSMETICS'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING UBERCOSMETICS'S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. UBERCOSMETICS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT UBERCOSMETICS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

VIII. DISPUTE RESOLUTION

In order to expedite and control the cost of disputes, you and UberCosmetics agree that any legal or equitable claim relating to these Terms of Use (referred to as "Claim") will be resolved as follows:

(a) Informal Resolution

You and UberCosmetics agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. UberCosmetics will send its notice to your billing address, with a copy via email to your email address. You will send your notice to UberCosmetics International, Ltd., 51 Basford Road, Nottingham NG60JG, United Kingdom.

(b) Formal Resolution

(i) Agreement to Arbitrate. Except as provided in Section VIII(b)(iii) below, if we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration. BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(ii) Special Rules. You and UberCosmetics agree that the type of arbitration in which we both agree to participate is between UberCosmetics and you as an individual. YOU AND UberCosmetics ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.

(iii) Exceptions. Notwithstanding the foregoing, (A) any Claim involving a violation of applicable trademark or copyright laws, or a Claim for injunctive relief, may be decided only by a federal court (or, for injunctive relief, federal or state court) in the United Kingdom, and (B) neither you nor UberCosmetics shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.

(c) Severability

You and UberCosmetics agree that if Section VIII(b)(i) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from these Terms of Use and - in that event -- you and UberCosmetics agree to submit to personal jurisdiction in the United Kingdom and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the United Kingdom. You and UberCosmetics also agree that if Section VIII(b)(ii) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section VIII(b)(i) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the United Kingdom, and you agree to submit to personal jurisdiction in United Kingdom.

IX. MISCELLANEOUS

51 Basford Road
Nottingham, Ng60JG
United Kingdom