Terms & Conditions
Please carefully read the following Terms & Conditions before using www.sakurabeauty.com. Individuals must be 18 years of age or older to use this website and you warrant that you are 18 years of age or older. By accessing and/or using www.sakurabeauty.com, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not use www.sakurabeauty.com. Sakura Beauty Solution® reserves the right, at any time, to modify, alter or update these Terms & Conditions, and you agree to be bound by such modifications, alterations or updates.
All content included in www.sakurabeauty.com, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Sakura Beauty Solution® or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on www.sakurabeauty.com is also the exclusive property of Sakura Beauty Solution® and protected by U.S. and international copyright laws. All software used on www.sakurabeauty.com is the property of Sakura Beauty Solution® or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of www.sakurabeauty.com for the sole purpose of placing an order with www.sakurabeauty.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of www.sakurabeauty.com, is strictly prohibited.
All trademarks, logos, service marks and trade names on www.sakurabeauty.com are proprietary to Sakura Beauty Solution® or other respective owners that have granted Sakura Beauty Solution® the right and license to use such intellectual property. Unauthorized use thereof, whether or not such use is tied to any commercial endeavors, is strictly prohibited.
The information, services, products offered for sale and materials contained in and/or advertised on www.sakurabeauty.com, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. To the maximum extent permitted by law, Sakura Beauty Solution® and its parent, subsidiaries, agents, affiliates, suppliers, successors and assigns, and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “released parties”) disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Sakura Beauty Solution® and its suppliers do not represent or warrant that the information accessible via www.sakurabeauty.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Most of the products displayed on our website are available in Sakura Beauty Solution® affiliated stores and salons in the United States while supplies last. In some cases, merchandise displayed for sale on www.sakurabeauty.com may not be available in stores. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on www.sakurabeauty.com.
You will retain your ownership interest in all reviews, comments or other submissions (“User Materials”) that you provide to Sakura Beauty Solution® on or about www.sakurabeauty.com, or otherwise submitted in connection with your use of the website or Sakura Beauty Solution® products or services. Notwithstanding the foregoing, you hereby grant to Sakura Beauty Solution® and its agents, affiliates, suppliers, successors and assigns, a universal, non-exclusive, irrevocable, fully paid and royalty-free, sub-licensable and transferable license in perpetuity to use and/or edit all such User Materials in any manner and for any purpose. All such User Materials are and will be treated as, non-confidential and non-proprietary. Sakura Beauty Solution® may not be able to review all User Materials submitted and nothing herein requires the company to use, review or distribute User Materials provided by a user. You represent and warrant that prior to submission, you own the User Materials submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said User Materials on this website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Further, by providing User Materials, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Sakura Beauty Solution®, together with the Released Parties, harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection with the User Materials.
SAKURA BEAUTY SOLUTION® ELECTRONIC COMMUNICATIONS TO YOU
You agree that Sakura Beauty Solution® is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, www.sakurabeauty.com site or Sakura Beauty Solution® products or services, or for such other lawful purposes as Sakura Beauty Solution® deems appropriate.
LINKS TO OTHER WEBSITES
This website may contain links to websites other than our own. Sakura Beauty Solution® does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Sakura Beauty Solution® does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Sakura Beauty Solution® endorses or otherwise recommends such sites or the products or services offered.
LIMITATION OF LIABILITY
In no event shall Sakura Beauty Solution® or any of the released parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if Sakura Beauty Solution® or the released parties have been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. Notwithstanding anything to the contrary contained elsewhere in these Terms & Conditions, the released parties’ liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to the company for access to and use of www.sakurabeauty.com. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
The www.sakurabeauty.com website is created and controlled by Sakura Beauty Solution® in the State of Georgia, U.S. As such, the laws of the State of Georgia will govern these Terms & Conditions without giving effect to any principles of conflict of law.
Except to the extent pre-empted by federal or other applicable state law, the Terms & Conditions shall be governed by the laws of the State of Georgia, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Atlanta, State of Georgia. You and Sakura Beauty Solution® are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the official rules and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Sakura Beauty Solution® shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
You may opt out of the arbitration provision contained in this agreement by notifying Sakura Beauty Solution® in writing at [email protected] within 30 calendar days from the date of first use of the site of your election to opt-out.
If any of the provisions of these Terms & Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms & Conditions.
DIGITAL MILLENNIUM COPYRIGHT ACT
Sakura Beauty Solution® as an interactive service provider and is not liable for any and all claims resulting from the use of User Material. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized User Material has been posted on this website, please notify us by email at [email protected] with the subject line stating “Copyright.” The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; and (v) how you may be contacted.