ABOUT H2PRO   |   CAREERS   |   TERMS & CONDITIONS   |   CONTACT US

ABOUT H2PRO | CAREERS | TERMS & CONDITIONS | CONTACT US

TERMS & CONDITIONS

LAST UPDATED: November, 2016

INTRODUCTION

This website at www.h2probeautylife.com, including any discussion forums contained or services provided on the website, is owned, operated and maintained by H2PRO BeautyLife, a company incorporated in the United States of America (“H2PRO” or “WE/US/OUR”).  H2PRO may be contacted at the above address.

We appreciate your interest in the products and services on the website and your visit to the website.

AGREEMENT

USING THE SITE

If you have any queries regarding the website of any of the information or materials contained on or in it, please contact us by e-mail info@h2probeautylife.com.

These Website Terms and Conditions of Use (“TERMS OF USE”) govern your use of the use of this website.  Please read the Terms of Use carefully, as your use of the website constitutes your agreement to be bound by the Terms of Use.  If you do not agree to the Terms of Use, please do not use the website.  Please also consult our Privacy Policy and Terms of Sale, which are incorporated herein by reference.

TERMS OF USE

1. MODIFICATION

From time to time we may in our sole discretion change, edit, delete or revise the content of this website, including these Terms of Use.  Please check this page for changes which have been made to the Terms of Use.  Your use of this website after a change has been posted constitutes your acceptance of the amended Terms of Use.

2. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

  1. These Terms of Use do not apply to the sale of goods via the website.  Such sales are subject to our Terms of Sale
  2. Accessing certain services on the website may require registration and the creation of an account.  Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.
  3. When you register for an account on the website, you will be asked to create a password.  You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorized access to your account.  You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorized manner. You are responsible for all activities that occur under your account or password, and we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
  4. We reserve the right to suspend or terminate your use of the website at any time, for any reason, without prior notification.

3. INTELLECTUAL PROPERTY

  1. We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in this website, and in the material published on it.  Your use of the website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties.  All such rights not expressly granted are reserved.
  2. You may access this website only to participate in the website or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.
  3. You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this website.
  4. If you print off, copy or download any part of this website in breach of these terms of use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS

  1. The use of third party websites is entirely at your own risk.  Links contained in the website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site.  Links provided on the website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
  2. These Terms of Use do not apply to any third party website linked to the website.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
  3. You are not entitled (nor will you assist others) to set up links from your own websites to the website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
  4. You agree that when accessing the website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

5. USER REVIEW AND CONTRIBUTIONS

  1. Users of the website may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the website or otherwise (collectively “CONTRIBUTIONS”), so long as such Contributions comply with our contribution standards, set out below.
  2. Contribution Standards
    • These standards apply to any and all material which you contribute to this website, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter.  The standards apply to each part of any contribution as well as to its whole.
    • CONTRIBUTIONS MUST:
      • be accurate (where they state facts);
      • be genuinely held (where they state opinions); and
      • comply with applicable law in the United States.
    • CONTRIBUTIONS MUST NOT:
      • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
      • promote sexually explicit material;
      • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse (e.g., transmitting a virus or any other harmful component) or the infringement of the intellectual property rights of any other person;
      • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (e.g., Contributions that contact other users of the website through unsolicited e-mail, telephone calls, mailings or any other method of communications);
      • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
      • give the impression that they emanate from us, if this is not the case.
  3. Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this website.  We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this website.  If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:
    • immediate, temporary or permanent withdrawal of your right to use this website;
    • immediate, temporary or permanent removal of any posting or material uploaded by you to this website;
    • issue of a warning to you;
    • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • further legal action against you; and
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  4. Any Contributions shall be and remain our property, and by making a Contribution to the website you agree to assign to us all worldwide rights, title and interest in all intellectual property in your Contributions.  Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions.  We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions.
  5. Although H2PRO does not regularly review each Contribution made to the website, we do reserve the right (but not the obligation) to monitor and edit or remove any Contributions in our sole discretion.  You grant H2PRO the right to use the name that you submit in connection with your Contributions.  You are and shall remain solely responsible for the content of any Contributions you make to the website.  You expressly agree to defend, indemnify and hold H2PRO harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by H2PRO, its affiliates or its agents arising out of any Contributions you post or allow to be posted to the website.  H2PRO and its affiliates take no responsibility and assume no liability for any Contributions submitted by you or any third party.

6. CLAIMS OF COPYRIGHT INFRINGEMENT

  1. We disclaim any responsibility or liability for copyrighted materials posted on the website.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth in 3 below.
  2. H2PRO respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
  3. Notices of Alleged Infringement for Content Made Available Through the website
    • If you are a copyright owner, authorized to act on behalf of a copyright owner or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our website by sending us a notice complying with the following requirements:
      • Identify the copyrighted works that you claim have been infringed;
      • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found;
      • Provide your mailing address, telephone number, and, if available, e-mail address;
      • Include both of the following statements in the body of the notice:  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use),” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed;” and
      • Provide your full legal name and your electronic or physical signature.
    • Once you have completed your notice, deliver it to our registered address mentioned at the beginning of this TERMS OF USE.
  4. Counter-Notices
    • A poster of allegedly infringing material may make a counter-notice pursuant to the DMCA. When H2PRO receives a counter-notice, it may reinstate the material in question. To provide a counter-notice to us, please provide the following information to us:
      • Identification of the material that has been removed or to which access has been disabled on the website and the location at which the material appeared before it was removed or access to it was disabled;
      • A statement as follows: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;”
      • Your name, address, telephone number and, if available, e-mail address;
      • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which H2PRO may be found), and that you will accept service of process from the person who originally provided us with the notice of infringement; and
      • Your full legal name and electronic or physical signature.
    • Your completed DMCA counter notice should be delivered to our registered address mentioned at the beginning of this TERMS OF USE.

7. DISCLAIMER OF WARRANTIES

  1.  H2PRO does not warrant that access to or use of the website will be uniterrupted or error-free or that defects in the website will be corrected. This website, including any content or information contained within it or any website-related service, is provided “as is”, with all faults, with no representations or warranties of any kind, either expressed or implied,  including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. H2PRO specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the website. We do not warrant the accuracy, completeness or timeliness of the information obtained through the site.
  2. You assume total responsibility and risk for your use of this website, website-related services, and linked websites. H2PRO does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that H2PRO shall not be liable for any cost or damage arising directly of indirectly from any such code. You assume total responsibility and risk for your use of the site and of the internet.
  3. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

8. LIMITATION OF LIABILITY

H2PRO and any third parties mentioned on this website are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever(including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the website, website-related services, content or information contained within the site, and / or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the website, website-related services, and / or linked websites is to stop using the site and / or those services.

9. MISCELLANEOUS

  1.  Use of the website shall be governed by all applicable Federal laws of the United States and the laws of the State of California, without giving effect to conflict of laws principals.  In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to the resolution of such claim or dispute in state or Federal courts located in Corona, California, in accordance with California law.
  2. If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.
  3. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
  4. Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this website.
  5. Competitions or other promotional features which may be made available through this website from time to time may also have specific terms and conditions.  You will need to read and accept these before making a submission.