TERMS OF SERVICES
Terms of Services Disclosures
This website is operated by Dominique Bossavy, Inc. Throughout the site, the terms “we”, “us” and “our” “DBI” refer to Dominique Bossavy, Inc. DBI 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. The www.dominiquebossavy.com website (the “Site”) is comprised of various web pages, related courses, links, services for purchase, services descriptions, and other materials operated by Dominique Bossavy, Inc. (“DBI” and “DBI Materials”) for which you might have free access, or may have paid or are paying to access or paid to receive a procedure. Your access to the Site, or purchase of any products/ services is conditioned on your acceptance, without modification, of these terms, conditions, and notices contained herein (the “Terms”). Your use of the Site and/or purchase constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. Please read these Terms of Service carefully before accessing or using our website. 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 the terms and conditions of this agreement, then you may not access the website, or purchase any permanent makeup services or online class services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You and DBI may be referred to herein individually as a “Party” and together as the “Parties.”
By visiting our site, using our contact forms, and/ or purchasing something online class, products , Permanent Makeup , Nano color infusion from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those 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 without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review 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 to 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 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 (a) 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 over 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 by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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.
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Service.
Product (s) services Certain 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 according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of DBI. 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.
Cancellation/Refund Policy: Subscriptions are final. No refunds will be issued, though an alternate program may be available as a replacement at DBI sole discretion. Online class are final, no refund will be issued. Consultation fees are only refundable, after a service has been fully paid and rendered. Booking service fees, are only refundable if said booked services are cancelled 7 open business days, prior to the scheduled time. No show, last-minute cancellation forfeits the booking fee, or the complimentary follow up session. A $500 will be charge to the credit card on file to reschedule another follow up. Late arrival 15 minutes or more may forfeit the service scheduled and forfeit the booking fee. A rescheduling fee may apply.
All services are final. No refunds on any or all portion of the process, including but not limited to treatment abandon, dissatisfaction for any reasons or unused complimentary follow up.
Chargebacks/refund claim: By purchasing any services: online classes, products/ supply or permanent Makeup/ nano Color infusion services, you agree, to not under any circumstances, issue or threaten to issue any chargebacks/ refund claims to DBI, to DBI credit processor, or to your Credit card institution, and/or form of payment (ie, Stripe, PayPal) for any reason whatsoever related to the purchase of: online classes, products/supply, or permanent makeup/nano color infusion services. In the event of a chargeback/refund claim, DBI reserves its right to report it to the credit bureaus as a delinquent account. You understand and agree that the charges on a credit card and/or form of payment (ie, Stripe, PayPal) are irrevocable, undisputable and may not be charged back, contested or challenged now or in the future, doing so is a material breach of this agreement for which DBI would be entitled to attorney fees, costs and fees associated with addressing a chargeback/refund claim, in addition to the amount challenged. Should you not pay the amount submitted to by DBI for the cost of the chargeback within 30 days after DBI has submitted its amount of cost due to yourcontesting a charge, the charges will be turned over to a collection agency. DBI shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against you for the cost of the chargeback. You further agree that proof of purchase by DBI is all that is necessary to establish to the credit card agency or banking institution to deny your chargeback. And you understand and agree that initiating a chargeback will also immediately forfeit any remaining complimentary follow up sessions without compensations.
Abuse of schedule: Broken appointments represent a cost to DBI and to other clients who could not be seen at the time set aside for you. To avoid charges, DBI requires 7 open business days cancellation notice. We reserve the right to charge for missed appointments. DBI reserve the right to discharged anyone who abuse the schedule, with frequent no shows or last-minute cancellations.
Accuracy of Billing address and account information: 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 that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 as needed. For more detail, please review our shipping and return policy.
Optional Tools: DBI may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your 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 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). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via 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 harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, feedback and other submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, verbally, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain, disparaging, libelous or otherwise unlawful, abusive or obscene comments/material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Non-Defamation. You understand and agree that by using or purchasing any services online or in person, from DBI, you will not maliciously defame, libel, slander DBI or its affiliates, officers, directors, managers, employees, shareholders, agents, products, or services,or any Releasee, publicly or privately, directly or indirectly through others, by use of any words, actions, gestures or medium, including but not limited to on social media or other internet sites, in any manner likely to be harmful to it or them or its or their business, business reputation or personal reputation.Nothing in this paragraph or this Agreement shall prevent you from (a) testifying truthfully in response to a subpoena or other legal process; or (b) communicating directly with, cooperating with, or providing information to, any federal, state or local government regulator, including, but not limited to, or the U.S. Department of Justice, (c) governmental testimony or filings, or administrative or arbitral proceedings (including, without limitation, depositions in connection with such proceedings). you agree that any breach of this non-defamation provision shall be deemed a material breach of this Agreement.
Irreparable damages: You understand and agree that by violating the no defamation, slander, libel term, irreparable harm will be caused to DBI, for which remedies at law will not be adequate. In the event of a breach or threatened breach by you of any of the provisions of these Terms, you hereby consent and agree that DBI shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Therefore, in addition to any remedies otherwise available, DBI will be entitled to any injunctive relief and specific performance to enforce the terms of this Agreement. The breaching party shall pay all reasonable attorney's fees and court costs, arbitration cost, and/or appeal costs incurred by DBI, should it be necessary for DBI to enforce the terms of this Agreement.
Electronic Communications: visiting the Site or sending emails to DBI constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Errors, Inaccuracies and omission: 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited us: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties, Limitations of Liability: We do not guarantee, represent or warrant that your 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 to you. 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 (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions 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 case shall DBI., 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 revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using 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 otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.
Indemnification: You agree to indemnify, defend and hold harmless Dominique Bossavy,Inc. 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.
Severability: 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination:The obligations and liabilities of the parties incurred prior to the termination date 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 cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 may deny you access to our Services (or any part thereof).
Change To Terms Of Services: You can review the most current version of the Terms of Service at any time at 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 to 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.
Our courses / services are intended solely for Users who are at least 18 years of age or older. Any use of or access to our E-course or services by anyone under such age, is unauthorized, unlicensed and in violation of these Terms. By purchasing our course / service, you represent and warrant that you are 18 years or older and that you agree to abide by these Terms and the terms and conditions of the Mentorship Agreement (if applicable). DBI has the sole right and discretion to determine whether to sell our course / service to any individual and may reject a purchase by any individual with or without explanation. Our professional supply and pigments can only be purchased by licensed professional. . Any purchased and us by anyone under 18 years old and ulicensed to performed the such service , is unauthorized, unlicensed and in violation of these Terms. By purchasing our supply and pigments , you represent and warrant that you are 18 years or older, licensed to perform permanent makeup, microblading, or any form of tattooing and that you agree to abide by these Terms and the terms and conditions of this Agreement (if applicable). DBI has the sole right and discretion to determine whether to sell our course / service to any individual and may reject a purchase by any individual with or without explanation.
Assignment/Delegation :You shall not assign any rights, or delegate or subcontract any obligations, under these Terms without DBI’s prior written consent. Any assignment in violation of the foregoing shall be deemed null and void. DBI may freely assign its rights and/or delegate or subcontract any obligations under these Terms at any time. Subject to the limits on assignment stated above, these Terms will inure to the benefit of, be binding on, and be enforceable against each of the Parties and their respective successors and assigns.
Links to Third Party Sites/Third Party Services: The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DBI and DBI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DBI of the site or any association with its operators.Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that DBI may share such information and data with any third party with whom DBI has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property:You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, services, and DBI Materials strictly in accordance with these Terms. As a condition of your use of the Site, services, or DBI Materials, you warrant to DBI that you will not use the Site, services, or DBI Materials for any purpose that is unlawful or prohibited by these Terms. You may not use the Site, services, or DBI Materials in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for you.The copying, redistribution, use or publication by you of any of the content within our Site, services, or DBI Materials is strictly prohibited. Your purchase of access to our Site, services, or DBI Materials does not grant you any ownership rights to the materials contained on our Site, services, DBI Materials. Any breach of these Terms may result in termination of your access to the Site, services, or DBI Materials.All content included as part of the Site, services, or DBI Materials such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DBI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DBI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of DBI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DBI or our licensors except as expressly authorized by these Terms.
Copyright and trademark law: the author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts he has created himself or to refer to license-free graphics, sound documents, video sequences and access texts. All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn solely based on the mere mention! The copyright for published objects created by the author himself remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
International Users: The Service is controlled, operated and administered by DBI from our offices within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DBI Materials accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification: You agree to indemnify, defend and hold harmless DBI, its officers, directors, employees, agents and/or shareholders, for any claims, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your receiving of any permanent makeup/ nano color services, products use of or inability to use the Site, or DBI Materials (including claims, suits, losses, costs, liabilities and expenses arising from and/or involving the ordinary, sole or comparative negligence or fault of DBI, its directors, employees, agents and/or shareholders), any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DBI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DBI in asserting any available defenses. Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect to any litigation, directly or indirectly, arising out of or relating to this Agreement or any transaction contemplated by this Agreement.
Arbitration: The Parties to this agreement recognize that Texas fundamental public policy favors the enforceability of arbitration agreements, and that Texas resolves all doubts concerning the arbitrability of the subject matter of a dispute in favor of arbitration. You further acknowledge and agree that by way of your contractual relationship with DBI, as reflected herein, both you and DBI are engaged in transactions involving interstate commerce. As such, you acknowledge and agree that any arbitration process which may be compelled by this contract, as necessary and required to resolve any dispute, controversy or claim which may arise under this contract, will be governed by the Federal Arbitration Act (“FAA”).Any dispute, controversy, or claim between the undersigned and DBI arising out of or related to these Terms or any breach or termination of these Terms, including but not limited to the permanent makeup/ nano color infusion services, online class services and products/ supply sale provided by DBI, or any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall first be submitted to mediation before Judicial Arbitration and Mediation Services (JAMS) in Dallas Texas, with each party sharing the costs of such mediation equally, payable to JAMS in advance of scheduling any such mediation session. If such mediation fails to resolve any such dispute, then the dispute shall be submitted to confidential arbitration before JAMS. Arbitration shall be held in Dallas, Texas, before a single arbitrator, in accordance with the JAMS’ rules, regulations, and requirements (https://www.jamsadr.com/adr-rules-procedures/), as well as any requirements imposed by Texas law. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The proceedings and decision will not be disclosed to the public and will remain confidential among the Parties.
Class Action Waiver: Except for representative claims which cannot be waived under applicable law, and which are therefore excluded from this Agreement, the Parties waive the right to assert, participate in, or receive money or any other relief from any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which shall be determined by a court of competent jurisdiction.
Equitable Remedies:You acknowledge that the ability to reserve the Site and/or DBI Materials for the exclusive use of DBI is of great importance and commercial value to DBI and that improper use or disclosure of the Site or DBI Materials by you will cause irreparable harm to DBI, for which remedies at law will not be adequate. In the event of a breach or threatened breach by you of any of the provisions of these Terms, you hereby consent and agree that DBI shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Termination/Access Restriction: DBI reserves the right, in its sole discretion, to terminate your access to the Site and/or DBI Materials and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DBI as a result of these Terms or use of the Site. DBI performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DBI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DBI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified, these Terms constitute the entire agreement between the user and DBI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DBI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Change of Terms: Due to the otherwise indeterminate duration of this agreement, DBI reserves the right, in its sole discretion, to occasionally change the Terms under which our programs are offered. The most current version of the Terms will supersede all previous versions. DBI encourages you to periodically review the Terms to stay informed of our updates, as your mutual assent to these changes will be inferred from your failure to object to the same. Moreover, any objection by you to any of the occasional changes to these Terms will result in the immediate termination of this agreement. If you wish to continue with the use of the Site, DBI’s services, and DBI Materials you must agree to abide by these Terms, including these occasional changes. These Terms shall be governed and construed in accordance with applicable federal law and the substantive laws of the State of Texas.
Disclaimer: The purpose of the Site, services, and DBI Materials is to assist you with information related to Permanent Makeup/Nano colo infusion enhancements services, example of before and after results as well as online education relating to technique and marketing. Having said this, everyone is different, and what works for some might not work for others (for a variety of reasons or no reason at all). This Site, and the content on it, reflects the personal experiences of DBI and those experiences and advice may or may not transfer effectively to everyone, and subject matter. DBI cannot guarantee weekly group training / coaching indefinitely.
Cosmetic Permanent Makeup/ nano color infusion: All permanent makeup / Nano Color infusion services are intended solely for individuals who are at least 18 years of age or older, by purchasing and receiving any permanent make up services, you represent and warrant that you are 18 years or older, not presently pregnant, nursing or suffering from any other condition that might impair judgment and proclaim your desire to receive the indicated permanent cosmetic procedure (s). fully understanding that this procedure is an art form for cosmetic purposes only and no medical claims are expressed or implied.
For the purpose of documentation, you consent to the taking of before and after photographs/videos of said procedure(s), which by federal copyright laws of the United States, are the exclusive copyright of DBI and may be used by DBI for purpose of case study, demonstration of results before and after.
Before, during, and after photos/videos, are require and mandatory to receive any permanent makeup/Nano color Infusion, by purchasing any such services you agree and understand that for the purpose of documentation DBI will take photos/videos which copyright according to the Copyright Law of the United States of America are exclusively and immediately owned by DBI. Refusal, to having your before and after pictures/videos taken, at any time prior, during or after the services, for any reasons, will immediately forfeit the service(s) without any refund. You have the right to request a restriction or limitation on the use of your before and after pictures. For example, you could ask that we not use or published your before and after pictures on Social media about a particular service you have received.
DBI reserve the right to release, share, show, or not release, share, show photos/videos taken before during or after your service to you at her sole discretion. Such pictures are the exclusive copyright of DBI.Prior to receiving any treatment, you warrant to be candid in revealing any conditions that may have bearing on this procedure(s).You understand that all Services, are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our pre care or aftercare pre or post Service(s) or received from DBI or associates. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. DBI provide artistic services, provider of the service(s) are artists and not a medical provider. We are not giving medical, psychological, or religious advice whatsoever.
You acknowledge that DBI have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future opportunities or loss of any kind that may be derived as a result of your service. By purchasing and receiving permanent cosmetic services, you understand that such procedure(s), are an art form and not an exact science, and no guarantees of results have been made to you. You understand that all procedure(s) carries with it, known and unknown complications and consequences associated with this type of cosmetic procedure(s); including but not limited to infection, allergies, scarring, inconsistent color, skin darkening or color not taking, fading of pigments, you fully understand that results and longevity varies from one person to another, and are dependent on many unknown factors, such as lifestyle, skin type, skin quality, age, ethnicity and the ability to follow aftercare post treatments. Results may last up to 18 months and gradual fading is expected.
DBI cannot and do not guarantee that you will attain a particular result, positive or negative or otherwise. By receiving any of our services/ products you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results of the service purchased /received. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. Prior to engaging in any service(s), you have read, considered, and ask questions, you may have about the procedure(s) you consider and warrant that you are satisfied with the answers, and are fully informed regarding all aspect of the procedure(s) contemplated and have had a full and complete opportunity to reflect on the matters and possibilities raised herein.
By purchasing and receiving any services, you willingly and knowingly accept the limitations of permanent cosmetic procedure(s) and released and discharge DBI and DB of any complications associated with the discussed/given procedure(s) as well as for any unsatisfactory results from any procedure(s) performed on you..
You fully understand and accept that these terms and consent are contractual, and not a mere recital and accept that this agreement will be construed and enforced pursuant to the law of Texas, and that you agree to abide by these Terms and the terms and conditions of the service Agreement (if applicable). DBI has the sole right and discretion to determine whether to provide the service to any individual and may reject a purchase by any individual with or without explanation.
NO REPRESENTATIONS GUARANTEES OR WARRANTIES WITH REGARD TO THE COMPLETENESS, ACCURACY, FITNESS, EFFECTIVENESS OR APPLICABILITY OF ANY SERVICES, INFORMATION OR ADVICE DETAILED WITHIN THE SITE, SERVICES, OR DBI MATERIALS, INCLUDING VIDEOS OR TRAINING / COACHING IS ANY REPRESENTATION, GUARANTEE OR WARRANTY MADE REGARDING OUTCOMES ACHIEVED BY RECEIVING LIKE SERVICES OR APPLYING THE STRATEGIES, INFORMATION AND ADVICE PROVIDED HEREIN.
For all online class. The concepts promoted on this site are not “get rich quick” schemes. They require, practice, testing, continued practice, and effort as well as hands on training class especially for beginners. The success of said techniques is dependent upon the person using the tactics and the effort given. Some techniques may simply not work with certain individuals or businesses. Every effort has been made to accurately represent past experiences. Past performance may not be indicative of future performance.
Any testimonials and examples used are exceptional results that do not apply to the average purchaser and are not intended to represent or guarantee that you will achieve the same or similar result. Everyone’s success depends on his or her background, dedication, desire and motivation. As with any artistic service there is an inherent risk and no guaranty of results or for online class there is an inherent risk of loss of capital and there is no guarantee of revenue or profit. DBI does not offer medical, before applying any tips or suggestion, always check with your licensed medical professional. For online class, DBI does not provide legal advice for setting up a business, working in specific jurisdictions, or any matter regarding taxes. For this, speak with a legal professional.
Compensation and Affiliate Disclosure: You will find recommendations regarding certain resources that may help you in achieving your goal(s). You should assume we have a revenue relationship with these companies, better known as an affiliate relationship. If you visit any of these sites and make a purchase, we will be compensated for that sale (within DBI’s affiliate guidelines).
We only mention and recommend products or services we have used or are readily known to be of a benefit to us. We do not receive compensation in the form of free promotional products for the mention of any product or service. Every effort is made to present you with an accurate portrayal of the potential of the products or services mentioned. Having said this, there is no guarantee that your use of any of these products or services will increase your revenue or help you meet your business goals. You should purchase, and use, said products only after performing your own due diligence.
Liability Disclaimer :Personal responsibility. By using our site or service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Site or online class, consultation sessions, services performed, or the DBI Materials available for use or download from the Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended, or undergoing any services.
Online classes: You agree that DBI has not made any guarantees about the results of receiving any services, taking any action, whether recommended on the Site, online class or coaching sessions & consultations, or DBI Materials, or not. DBI provides educational and informational resources that are intended to help users of our Site, our services, or DBI Materials succeed in their business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts or actions, your situation, and innumerable other circumstances beyond the control and/or knowledge of DBI. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of DBI or otherwise – applying the principles set out in the Site or coaching sessions or services are no guarantee that you or any other person or entity will be able to obtain similar results.
No endorsement: From time to time, DBI will refer to other products, services, service providers, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. DBI provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert. The videos created and publicized on this site are for information.
WE HAVE USED OUR BEST EFFORTS IN PRODUCING THE VIDEOS, BUT MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH REGARD TO THE COMPLETENESS, ACCURACY, FITNESS OR APPLICABILITY OF THE INFORMATION THEREIN TO YOUR VENTURE. If you wish to apply the concepts, put forth in these videos, you are solely responsible for doing so and the results thereof. Everyone’s success depends on his or her background, dedication, desire, motivation and focus. We do not offer legal advice for setting up a business, working in specific jurisdictions, or any matter regarding taxes. For this, speak with a legal professional.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DBI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
DBI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DBI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OUR SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DBI AND ALL AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR CONTENT. DBI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR CONTENT. PRC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL DBI, ITS OFFICERS, DIRECOTRS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THE SITE, COACHING, SERVICES, OR DBI MATERIALS WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DBI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500, IF ANY, BY YOU TO US FOR ACCESS TO THE SITE, COACHING, SERVICES, OR DBI MATERIALS WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
DISCLAIMER: THE PURPOSE OF THIS WEBSITE IS TO ENHANCE, NOT REPLACE THE DISCUSSION AND CONSULTATION WITH THE ARTIST SO THAT YOU CAN MAKE AN INFORMED DECISION BASED UPON THE RISKS, BENEFITS, AND ALTERNATIVES FOR YOUR SPECIFIC NEEDS AND DESIRES. AFTER VIEWING THE INFORMATION ON THIS WEBSITE, YOU WILL BE ABLE TO HAVE A MORE MEANINGFUL DISCUSSION WITH YOUR ARTIST WITH A FULL UNDWERSTANDING OF THIS ART FORM LIMITATIONS. All CLIENT RECEIVING SERVICE ARE REQUIRED TO READ ALL CONSENT FORMS FULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THEIR PERMANENT MAKEUP /NANO COLOR INFUSION SERVICE.RESULTS ARE NOT GUARANTEED. ADDITIONAL AND/OR ALTERNATE TREATMENTS MAY BE NEEDED TO ACHIEVE THE DESIRED RESULT WITH ADDITIONAL FEES.
Entire Agreement: The failure of us 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 in respect to The Service constitutes 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law: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 5810 Long prairie road 700-154 FM Texas 75028 ,United States, and all notice of filing send to 5810 Long prairie road 700-154 FM Texas 75028
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