Terms of service.

TERMS OF SERVICE

OVERVIEW

This website is operated by GUARINO LLC and throughout the site, the terms “we”, “us”, ‘us’ and “our” refer to GUARINO LLC.

GUARINO LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our Web site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any of the services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS OF

THE ONLINE STORE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

- You must not transmit viruses or any code of a destructive nature.

- Failure to comply with or breach of any of the Terms will result in immediate termination of the Services.

SECTION 2 -GENERAL TERMS

AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.

sECTION 3 - ACCURACY,

COMPLETENESS AND TIMELINESS

OF INFORMATION

We shall not be liable if the information available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Reliance upon the material on this site is at the user's own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO THE

SERVICE AND PRICING

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Discount codes and coupons applied to subscriptions and/or abandoned carts may not be combined with sale or discounted items offered in the online store, affiliate programs or any of our sales channels.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 5 - PRODUCTS OR SERVICES

(if applicable)

SECTION 6 - ACCURACY OF BILLING

AND ACCOUNTING DATA

We may provide you with access to third party tools over which we exercise no control.

You acknowledge and agree that we provide you access to such tools on an “as is” and “as available” basis, without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to the use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s).

We may also in the future offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services will also be subject to these “Terms of Service”.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

For more details, please see our Returns Policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

SECTION 7 - OPTIONAL TOOLS

Certain content, products and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review carefully the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to third parties.

SECTION 8 - THIRD PARTY LINKS

SECTION 9 - COMMENTS, OPINIONS AND

OTHER USER SUBMISSIONS

If, at our request, you send us certain specific submissions (e.g., contest entries) or, without our request, send us creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are not and will not be obligated (1) to maintain the confidentiality of any Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or computer viruses or other malicious programs that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate any person other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through the store is governed by our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).

We undertake no obligation to update, modify or clarify information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We do not warrant that use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall GUARINO LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - PROHIBITED USES

You agree to indemnify, defend and hold harmless GUARINO LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - INDEMNIFICATION

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of the other remaining provisions.

SECTION 14 - SEVERABILITY

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If in our sole judgment you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our Services (or any part thereof).

SECTION 15 - TERMINATION

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them..

SECTION 16 - ENTIRE AGREEMENT

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, United States of America.

SECTION 17 - APPLICABLE LAW

You may view the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CHANGES TO TERMS OF SERVICE

SECTION 19 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to mialash@mialashcosmetics.com