LASH LAB™ TERMS of SERVICE

Revised October 1, 2023

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of a client (you, your, yours, Client, Subscriber), and LASH LAB™ (we, us, our), concerning your access to and use of the LASH LAB™ (https://www.lashlab.io) website as well as any related applications (the Site and Services).

LASH LAB™ provides the following Services: eyelash extension application and removal, aesthetic consultations, various aesthetic treatments, treatment membership subscriptions, clinical skincare retail, and color cosmetics retail. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site or transmitted directly to you, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. We will provide notice of such changes by posting the changes on our web site, or by e-mail or conventional mail to the address currently on file for your account - please ensure that your account information is always up to date and accurate. Your continued use of the Site/Services represents that you have accepted such changes.

1.4 We may update or change the Site/Services from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Our Site/Services are directed to people residing in the United States and Canada. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site/Services is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site, schedule appointments to use the Services, or make any purchases without express consent from your parent or legal guardian.

1.7 Additional policies which also apply to your use of the Site and Services include:

• Our Privacy Notice (https://www.lashlab.io/privacy-policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site/Services, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Appointment Policies (https://www.lashlab.io/terms) provided above which set out the terms of the Services we provide to clients.

• Our Lash Lab X Membership Policies (https://www.lashlab.io/terms) provided above which set out the terms of our client membership program.
  

2. Acceptable Use

2.1 You may not access or use the Site/Services for any purpose other than that for which we make the site and our services available. The Site/Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Site/Services, you agree not to:

• Systematically retrieve data or other content from the Site/Services to a compile database or directory without written permission from us

• Make any unauthorized use of the Site/Service, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

• Use a buying agent or purchasing agent to make purchases on the Site/Services

• Use the Site/Services to advertise or sell goods and services

• Circumvent, disable, or otherwise interfere with security-related features of the Site/Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

• Make improper use of our support services, or submit false reports of abuse or misconduct

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

• Interfere with, disrupt, or create an undue burden on the Site/Service or the networks and services connected to the Site/Services

• Attempt to impersonate another user or person, or use the username of another user

• Sell or otherwise transfer your profile

• Use any information obtained from the Site/Services in order to harass, abuse, or harm another person

• Attempt to access any portions of the Site/Services that you are restricted from accessing

• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

• Delete the copyright or other proprietary rights notice from any of the content

• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

• Use the Site/Services or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

• Advertise products or services not intended by us

• Misrepresent experience, skills, or information about a User

• Threaten users with negative feedback or offering services solely to give positive feedback to users

• Use the Site/Services in a manner inconsistent with any applicable laws or regulations

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Services

• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site/Services, or any material that acts as a passive or active information collection or transmission mechanism

• Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@lahlab.io.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3 By providing an email address, telephone number for a cellular phone, or other wireless device, you are expressly consenting to receiving communications at that address or number, including, but not limited to, prerecorded or voice message calls, text messages, and calls made by an automatic telephone dialing system from us and our affiliates and agents. This express consent applies to each such address or telephone number that you provide to us now or in the future and permits such communication regardless of their purpose. In the regular course of our service to you, we may monitor and record phone conversations made or received by our employees.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:

4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy.

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

4.7 If you wish to complain about User Content uploaded by other users please contact us at email@lashlab.io

5. Our content

5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

6. Link to third party content

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

8. Modifications to and availability of the Site and Services

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to $500.

9.3 You release LASH LAB, our employees and its agents harmless against any and all liability, damage, and/or expenses arising out of or in connection with actions, claims, and/or damages resulting in personal injuries and disabilities (physical and/or psychological) that I might incur as a result of the chemical altercation through all lash extension services (including services incorporating LED Gel applications). By receiving any of our services, you accept that you must adhere to the prescribed aftercare regimen to ensure appropriate results, and that damage to my eyelashes is possible due to the services rendered.

10. Force Majeure Events

10.1  In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and LASH LAB are excused from our obligations under this Agreement, except for the obligation to pay money.

11. Term and Termination

11.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable.

11.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate and/or suspend your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

11.3 LASH LAB™ DOES NOT PROVIDE REFUNDS in any amount for any service or product under any circumstances. This means that NO REFUND WILL BE PROVIDED IF YOU CHOOSE TO TERMINATE OR CEASE USE OF YOUR SERVICE OR SUBSCRIPTION.

11.4 Account termination does not excuse your obligation to pay for your use of any Services rendered. Account and/or Service suspension does not constitute as termination and does not excuse your obligation to make any scheduled payments. Upon termination, you will be immediately invoiced for any outstanding amounts owed.

11.5 If we terminate or suspend your user account for any reason set out in this Section 9, you are prohibited from registering and creating a new user account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Payments and Billing

12.1 All payment obligations and transactions are based and calculated on the U.S. Dollar and you agree to pay us for any applicable rates and charges as outlined in any contracts, invoices, or payment plans. Payment is due at the time of service or according to any applicable active payment plans.

12.2 A current listing of all services and memberships offered by Lash Lab along with applicable price schedules is always available at: https://www.lashlab.io/services. You agree to pay us for any applicable rates and charges as outlined therein.

12.3 We do not provide refunds in any amount for any Service, Product, or Membership under any circumstances, and any unused services and/or credits are expressly non-transferrable.

12.4 All LASH LAB™ Memberships renew automatically each month. If you subscribe to a membership, you are required to maintain a valid payment method on file with us at all times unless otherwise noted. By agreeing to these terms, you hereby authorize us to debit your credit card(s) to satisfy any and all amounts due to us.

12.5 Any subscription payment(s) not received on the Due Date may be subject to a monthly Late Charge equal to 25% of the overdue balance to be invoiced immediately. We reserve the right to suspend and / or terminate your account if any amount is overdue. A reinstatement fee of $50 will apply to any account terminated due to either non-compliance with our Terms and Conditions or non-payment.

12.6 Accounts that remain overdue after 7 days may be forwarded to a payment collections service; any account forwarded to a payment collections service will incur a $350 processing fee. We will also assess a $500 fee to any Accountholder who requests a chargeback or initiates a payment dispute that contradicts our Terms and Conditions in an attempt to avoid paying amounts that are rightfully owed to us.

12.7 Special Offers, Discounts, Savings, Courtesy Credits, Promotions, Rebates, Grants, and Service Trials are occasionally available and provided at our sole discretion, as well as being subject to change. None of our offers, discounts, savings, credits, promotions, rebates, or grants bear any true monetary value and will not be exchanged for any form of currency.

13. General

13.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

13.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or provided to you in respect to the Services constitute the entire agreement and understanding between you and us.

13.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

13.4 We may assign any or all of our rights and obligations to others at any time.

13.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

13.6  You agree that you will not disparage us orally or in writing, and that neither you nor anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the company, its operations, clients, employees, products, or services without the prior written consent of the company. For purposes of this agreement, the term disparage includes without limitation comments or statements made in any matter or medium about the company which would adversely affect any manner of the conduct of the business of the company, without limitations to the company's business plans or prospects or the business reputation of the company. 

13.7 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

13.8 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

13.9 We primarily utilize email as a mode of official business communication; it is imperative that business users maintain access to the email address provided during the account sign-up and onboarding process. You are required to update us immediately if at any time you do not have access to your email address to avoid missing important updates regarding your service.

13.10 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by American Law. We both agree to the exclusive jurisdiction of the courts of the United States of America. Any dispute arising from these Terms and Conditions shall be resolved in the state or federal courts located in Baltimore City, Maryland, and the parties irrevocably consent to jurisdiction in such courts.

13.11 The following are trade marks of LASH LAB™: Lash Lab, New American Lashes, Calabasas Lashes, Ibiza lashes. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.

13.12 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

13.13 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at hello@lashlab.io.

14. LASH LAB SMS Terms and Conditions (US-BASED TEXT MESSAGING PROGRAMS)

IMPORTANT! PLEASE READ THESE LASH LAB SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF OUR TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE SMS TERMS AND CONDITIONS. FURTHERMORE, OUR SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH OUR ARE RESOLVED.

14.1 Sign Up

By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from LASH LAB and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.  

14.2 Program Description

Our text messages are intended to provide you with scheduling assistance, appointment reminders, and marketing and promotional information regarding our products and services (e.g., events and promotions offered by us ). We may also provide you with transaction-related information.  

14.3 Message Frequency

The number of text messages that you receive will vary depending on which text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

14.4 Cost

Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. We does not impose a separate fee for sending our text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

14.5 How to Opt-In

To opt-in to receive text messages from our text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).   

14.6 How to Opt-Out

To stop receiving text messages from a specific Lash Lab text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from us confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other LASH LAB text messaging programs. 

14.7 Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying us immediately if you change your mobile telephone number. You may notify us of a number change by contacting LASH LAB Customer Care at 667-248-9060.

You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

14.8 Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. 

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

14.9 Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others. 

Carriers are not liable for delayed or undelivered messages.

T-Mobile® is not liable for delayed or undelivered messages.

14.10 Support/Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting LASH LAB Customer Care at 667-248-9060.

14.11 Eligibility

To receive LASH LAB text messages, you must be a resident of the United States and 18 years of age or older.  We reserves the right to require you to prove that you are at least 18 years of age.

14.12 Changes to Terms and Conditions

We may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to our website (https://www.lashlab.io)  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive our text messages will indicate your acceptance of those changes.

14.13 Termination of Text Messaging

We may suspend or terminate your receipt of our text messages if we believe you are in breach of these SMS Terms and Conditions.  Your receipt of our text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  We reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.

14.14 Privacy

Your privacy is important to us. Please see https://www.lashlab.io/privacy  to review our privacy statement.

14.15 Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your receipt or use of our text messages will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and LASH LAB or our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or LASH LAB may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and LASH LAB hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LASH LAB ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND LASH LAB AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Illinois, or any other location we mutually agree to, subject to Illinois law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at hello@lashlab.io and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the LASH LAB.

SMS Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these. Terms and Conditions.

14.16 Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

14.17 Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Maryland.

14.18 Severability

If any term of theseTerms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.