IMPORTANT NOTE: IF YOU LIVE IN THE UNITED STATES, SECTION 26.1 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE BETWEEN YOU AND FUNLIGHTS® HAIRLIGHTS™. PLEASE READ IT.
Welcome to the AR Innovations Intl. LLC Online Store at www.buyfunlights.com (the “AR Innovations Intl. LLC Website”). The AR Innovations Intl. LLC is a website operated by AR Innovations Intl. LLC located in New York City.
Through the AR Innovations Intl. LLC FUNLIGHTS® HAIRLIGHTS™ provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale (“Terms of Use and Sale” or “Contract”). By using the Website, purchasing products and services from the AR Innovations Intl. LLC or using any Services, you accept and agree to these Terms of Use and Sale, FUNLIGHTS® HAIRLIGHTS™ Privacy Statement (see Section 20 below), and applicable terms and conditions, policies or disclaimers found in the AR Innovations Intl. LLC or referenced herein and accessible through the related hyperlinks (collectively the “AR Innovations Intl. LLC Policies”). We encourage you to read the Stylefit™ Policies carefully. YOU MAY NOT USE THE AR Innovations Intl. LLC OR SERVICES IF YOU DO NOT AGREE TO THE AR Innovations Intl. LLC POLICIES.
Please note that AR Innovations Intl. LLC may update or amend any policies without notice at any time.
Terms Relating to Your Use of the AR Innovations Intl. LLC Online Website
- Personal and Non-Commercial Use Limitation
Unless otherwise specified, the AR Innovations Intl. LLC and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the AR Innovations Intl. LLC or Services unless otherwise agreed to in writing.
- Notice Specific to Documents Available on the Website or Service
Permission to use Documents (such as white papers, press releases and FAQs) from the AR Innovations Intl. LLC and Services is granted, provided that (1) the following copyright notice: “© AR Innovations Intl. LLC . All rights reserved.” appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the AR Innovations Intl. LLC or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires FUNLIGHTS® HAIRLIGHTS™’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the www.buyfunlights.com website, the Website or any other FUNLIGHTS® HAIRLIGHTS™S owned, operated, licensed or controlled website. Elements of FUNLIGHTS® HAIRLIGHTS™ websites, including the Website, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any AR Innovations Intl. LLC website, including the Website, may be copied, retransmitted or made available unless expressly permitted by FUNLIGHTS® HAIRLIGHTS™ or applicable law.
The documents and related graphics published on the AR Innovations Intl. LLC or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. FUNLIGHTS® HAIRLIGHTS™ and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
- Member Account, Password, and Security
If the AR Innovations Intl. LLC or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be required to choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify FUNLIGHTS® HAIRLIGHTS™ without delay of any unauthorized use of your account or any other breach of security.
We may use your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any AR Innovations Intl. LLC server, or the network(s) connected to any AR Innovations Intl. LLC server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any AR Innovations Intl. LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including AR Innovations Intl. LLC .
FUNLIGHTS® HAIRLIGHTS™ reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FUNLIGHTS® HAIRLIGHTS™’s sole discretion.
- Materials That You Provide to AR Innovations Intl. LLC or Post on the Website
FUNLIGHTS® HAIRLIGHTS™ does not claim ownership of the materials you provide to AR Innovations Intl. LLC or any other site owned and operated by FUNLIGHTS® HAIRLIGHTS™ (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, FUNLIGHTS® HAIRLIGHTS™ shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.
No compensation will be paid with respect to the use of your Submission. FUNLIGHTS® HAIRLIGHTS™ is under no obligation to post or use any Submission you may provide and FUNLIGHTS® HAIRLIGHTS™ may remove any Submission at any time in its sole discretion.
You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Sale including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We may use your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- Unsolicited Idea Submission Policy
FUNLIGHTS® HAIRLIGHTS™ and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when FUNLIGHTS® HAIRLIGHTS™’s products or marketing strategies might seem similar to ideas submitted to FUNLIGHTS® HAIRLIGHTS™. So, please do not send your unsolicited ideas to AR Innovations Intl. LLC or any site owned and operated by FUNLIGHTS® HAIRLIGHTS™ or anyone at any entity owned by FUNLIGHTS® HAIRLIGHTS™. If you are interested in submitting any product to be sold on the AR Innovations Intl. LLC it is expressly understood that this product is in the public domain and is not considered proprietary or intellectual property unless it has been patented with an official patent number assigned to it. Prior to submitting any product please send an e-mail to info@buyfunlights.com giving notice of wanting to submit a product.
If, despite our request that you do not send us your ideas and materials, you still send them, please understand that FUNLIGHTS® HAIRLIGHTS™ will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.
- Links to Third-Party Websites
The AR Innovations Intl. LLC and other websites owned or operated by FUNLIGHTS® HAIRLIGHTS™ may include links to third-party websites that let you leave the Website. These linked sites are not under the control of FUNLIGHTS® HAIRLIGHTS™ and FUNLIGHTS® HAIRLIGHTS™ is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FUNLIGHTS® HAIRLIGHTS™ is providing these links to you in many cases only as a convenience, and the inclusion of any link does not imply endorsement by FUNLIGHTS® HAIRLIGHTS™ of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Products to You
- Geographic Access
The AR Innovations Intl. LLC is intended for use by customers who reside in the country/region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country/region.
- End Users and Resellers
You must be an end user to purchase products from the AR Innovations Intl. LLC . Resellers may purchase but only under the terms and conditions of that specific sale or order which must be approved in writing with FUNLIGHTS® HAIRLIGHTS™
- Export Limitations
Products purchased from the AR Innovations Intl. LLC (including software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.
- Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the AR Innovations Intl. LLC . 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 as needed in connection with your transactions.
- Product Availability and Quantity and Order Limits
Product prices and availability are subject to change at any time and without notice. FUNLIGHTS® HAIRLIGHTS™ may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household
FUNLIGHTS® HAIRLIGHTS™ and any of it’s entities may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.
Credits or refunds will be made to the same method of payment and account used to place the order.
- Software Purchases and Service Terms
Any software made available to download or purchase from the AR Innovations Intl. LLC or Services is the copyrighted work of FUNLIGHTS® HAIRLIGHTS™ and/or its suppliers. When you download software that is available to you on the website, you are actually purchasing a service provided to use rather than purchasing the software itself. Also any software used as a service is considered Intellectual Property and the right to provide such services are done under a variety of ways including but not limited to copyrighted material, patent pending, patents owned, patent licensed and or licensing agreements.
Any reproduction or redistribution of software or merchandise is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.
Please respect the intellectual property rights of others when using the tools and utilities or Services or in software products or merchandise on the AR Innovations Intl. LLC site or any other site owned and or operated by FUNLIGHTS® HAIRLIGHTS™ .
- Electronic Software Downloads
Electronic software download (“ESD”) products are delivered to you by making a download link available to you once you purchase any FUNLIGHTS® HAIRLIGHTS™ software service. Once the ESD is received by you FUNLIGHTS® HAIRLIGHTS™ will not permit additional access to that ESD unless another payment is made.
Other Terms and Conditions
In addition to software and ESD products, other products and services available for purchase or trial on the AR Innovations Intl. LLC may also be offered to you subject to separate terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, installation or use.
- Price and Payment
Prices at the AR Innovations Intl. LLC will be as stated on the Website. If we have a AR Innovations Intl. LLC Sales Affliates, an AR Innovations Intl. LLC sales representative or other retail outlet selling the same product or service anywhere the prices, product selection and promotions offered there may be differences from those on the Website. FUNLIGHTS® HAIRLIGHTS™ does not guarantee that a price, product or promotion offered online will also be available or honored at any other site, store or distribution channel or vice versa.
Pricing that appear on the website are for individual consumers. If you as a sales affiliate, sales representative or retail store or catalog want to purchase for a commercial, educational or government organization, please ask for information about our volume programs.
The AR Innovations Intl. LLC does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.
We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you do, we may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order 10 days before the product is scheduled to be shipped or available by e-mailing us at info@buyfunlights.com . Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.
Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.
The AR Innovations Intl. LLC offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.
- Return Policy
The AR Innovations Intl. LLC return policy is in addition to any statutory return rights you may have under law. The AR Innovations Intl. LLC accepts returns for eligible items that meet our return criteria for 30 days from the date of purchase. Exceptions are stated below. We reserve the right to deny any return or exchange if it fails to meet our return criteria.
When you purchase a digital product or service from us, you agree that we may begin to provide the service or digital product immediately.
Return Criteria:
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- Returns must be unopened and unaltered, must not show wear or damage, and must be in a condition that permits us to resell them. For services, the service must not have been delivered or consumed by you.
- All permitted returns and exchanges must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals,) and the manufacturer’s packaging. Failure to include such items may prevent or delay your refund or exchange, or result in additional fees. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, to the original method of payment.
- For digital products, we may require you to sign an electronic letter of destruction.
- We may occasionally extend the 30-day return period during holiday or other periods. If a longer return period was advertised on the Website when you made your purchase, you will get the longer period.
Exceptions:
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- ALL SALES ARE FINAL unless you notify us of a defect within 30 days of purchase by e-mailing us at info@buyfunlights.com, we will replace it with the same product or, if no longer available, issue a AR Innovations Intl. LLC store credit within 30 days.
- All items must not have been used, altered from their original state or show wear or damage, and must be in a condition that permits us to resell them. To return any beauty or skin care product it must not be opened. For beauty products if there is a color discrepancy then we reserve the right to offer you another color before accepting a return. For services, the service must not have been delivered or consumed by you. If the defective item is no longer available, we will issue an AR Innovations Intl. LLC credit for the amount of the item or in some cases refund the amount of the purchase as per the method of payment with the shipping costs. The determination of the return will be at the sole discretion of FUNLIGHTS® HAIRLIGHTS™.
- ALL SALES ARE FINAL for items marked with a designation such as “Final Sale” or “Non-Returnable.”
- Items ordered from the AR Innovations Intl. LLC Website cannot be returned to or exchanged at any other location and must be returned at the AR Innovations Intl. LLC . Similarly, items purchased with any other AR Innovations Intl. LLC sales team including but not limited to an AR Innovations Intl. LLC affiliate, AR Innovations Intl. LLC sales representative, a retail or catalog selling the AR Innovations Intl. LLC products or services must be returned where purchased. If an AR Innovations Intl. LLC product or service is purchased other than the AR Innovations Intl. LLC website the terms and conditions will be based upon the sellers terms and not necessarily the same terms of FUNLIGHTS® HAIRLIGHTS™ that are set forth herein.
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- For pre-order items, the 30-day return period begins:
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- For digital products, when the downloadable product is delivered electronically to you and made available for download.
- For other products, when the product is shipped.
- When we offer promotions that save you money by offering a combination of products and/or services together, all included products and/or services must be returned together. If your promotion included a service that you have already begun to use, the full retail value of the service will be deducted from the amount of your refund.
- Trial-period offers. If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the service.
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- Customer Service
For all customer service inquires please e-mail us at info@buyfunlights.com
Terms Relating to Both Your Use of the AR Innovations Intl. LLC and Sales to You
- Changing Terms
FUNLIGHTS® HAIRLIGHTS™ may change the Terms of Use and Sale at any time and without notice to you. The Terms of Use and Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, FUNLIGHTS® HAIRLIGHTS™ may have changed the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit the AR Innovations Intl. LLC . We recommend that you save or print a copy of the Terms of Use and Sale for future reference when you make a purchase.
- Limitations on Use by Minors
You must have reached the age of majority in your province/territory of residence to purchase products from the AR Innovations Intl. LLC .
- Privacy and Protection of Personal Information
Your privacy is important to us. We use certain information that we collect from you to operate and provide the AR Innovations Intl. LLC and the Services. Please read our Privacy Statement to learn about how we use and protect your information.
We may use your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- Product Display and Colors
AR Innovations Intl. LLC attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.
- Errors on Site
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.
- Termination of Site Use
FUNLIGHTS® HAIRLIGHTS™ may terminate your account or use of the AR Innovations Intl. LLC site at any time for any reason, including, without limitation, if you are in breach of these Terms of Use and Sale or if the AR Innovations Intl. LLC is no longer operated by FUNLIGHTS® HAIRLIGHTS™. By using the AR Innovations Intl. LLC website you agree to be responsible for any orders you make or charges you incur prior to such termination. FUNLIGHTS® HAIRLIGHTS™ may change, discontinue, or otherwise suspend the AR Innovations Intl. LLC at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or/product or otherwise disrupts your order, please e-mail info@buyfunlights.com
- No Warranties
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE AR Innovations Intl. LLC OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
- Limitation of Liability
If, despite the other sections of this Contract, FUNLIGHTS® HAIRLIGHTS™ is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the AR Innovations Intl. LLC website, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from FUNLIGHTS® HAIRLIGHTS™ or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price of the product or (2) US $100.00 in addition to the price of the product or service.
YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE AR Innovations Intl. LLC , THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING ; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
- General Legal Terms Including Binding Arbitration and Class Action Waiver
- ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This Section 26.1 applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, FUNLIGHTS® HAIRLIGHTS™, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and FUNLIGHTS® HAIRLIGHTS™ concerning the AR Innovations Intl. LLC website, the Services, this Contract, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
- Notice of Dispute. In the event of a dispute, you or FUNLIGHTS® HAIRLIGHTS™ must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Andrea Rose c/o Funlights®, 245 East 63rd Street # 319, New York, New York 10065 ATTN: ARBITRATION. FUNLIGHTS® HAIRLIGHTS™ will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and FUNLIGHTS® HAIRLIGHTS™ will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or FUNLIGHTS® HAIRLIGHTS™ may commence arbitration.
- Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or the New York County, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
- Binding Arbitration. IF YOU AND FUNLIGHTS® HAIRLIGHTS™ DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
- Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR FUNLIGHTS® HAIRLIGHTS™ WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
- Arbitration Procedure, Costs and Fees. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. For more information, see www.adr.org or call 1-800-778-7879.. You agree to commence arbitration only in your county of residence or in New York County.
- Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute relating to the AR Innovations Intl. LLC website, the Services, this Contract, or any product or service offered must be filed within one year in small claims court (Section 26.1.2), an arbitration proceeding (Section 26.1.3), or in court, if Section 26.1 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
- Rejecting Future Arbitration Changes. You may reject any change FUNLIGHTS® HAIRLIGHTS™ makes to Section 26.1 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 26.1.1. If you do, the most recent version of Section 26.1 before the change you rejected will apply.
- Severability. If the class action waiver in Section 26.1.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 26.1 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 26.1 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 26.1 remaining in full force and effect.
- Interpreting the Contract
- ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This Section 26.1 applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, FUNLIGHTS® HAIRLIGHTS™, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and FUNLIGHTS® HAIRLIGHTS™ concerning the AR Innovations Intl. LLC website, the Services, this Contract, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
All parts of this Contract apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can’t enforce a part of this Contract as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won’t change. Section 26.1.8 says what happens if parts of Section 26.1 (arbitration and class action waiver) are found to be illegal or unenforceable, and prevails over this Section 26.2 if inconsistent with it. Other terms may apply if you purchase products or services from other AR Innovations Intl. LLC website.
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- Assignment
We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this Contract or transfer any rights under it.
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- No Third-Party Beneficiaries
This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
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- Notices and Communication
For customer support inquiries, please see email info@buyfunlights.com For disputes, follow the notice procedure in Section 26.1.
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- Governing Law
The laws of the state or province where you live govern the interpretation of this Contract, claims for breach of it, and all other claims (including claims for breach of contract, breach of warranty, consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. If you live in the United States, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, for all disputes arising out of or relating to the AR Innovations Intl. LLC website, the Services, this Contract, or any product or service offered, that are heard in court (not arbitration and not small claims court). “State” means a State, the New York State, and any other United States territory or possession. “The United States of America” includes all of them.
- Notices
Notifications of claimed copyright infringement should be sent to Andrea Rose c/o Funlights®, 245 East 63rd Street # 319, New York, New York 10065. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright and trademark notices
All contents of the Website and Service are Copyright © 2013 FUNLIGHTS® HAIRLIGHTS™ and/or its suppliers, Andrea Rose c/o Funlights®, 245 East 63rd Street # 319, New York, New York 10065. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, Service and content. FUNLIGHTS® HAIRLIGHTS™ and the names, logos, and icons of all FUNLIGHTS® HAIRLIGHTS™ products and services may be either trademarks or registered trademarks of FUNLIGHTS® HAIRLIGHTS™ in the United States, Canada and/or other countries.
The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Contract are reserved.