Terms of Service

 

OVERVIEW & AGREEMENT

 

Welcome to H2PRO BEAUTYLIFE! This website at www.h2probeautylife.com, including all information, content, features, tools, products, and services provided (the “Services”), is owned, operated, and maintained by H2PRO BEAUTYLIFE (“H2PRO,” “we,” “us,” “our”). H2PRO is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with our Privacy Policy here and any other policies referenced herein, govern your use of the Services. Please read these Terms carefully. By visiting, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use or access our Services.

 

SECTION 1 - CHANGES TO TERMS OF SERVICE We reserve the right, in our sole discretion, to update, change, edit, delete or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.


SECTION 2 - ACCESS, REGISTRATION, AND ACCOUNTS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services.

Accessing certain Services may require registration and the creation of an account. You agree to provide current, complete, and accurate registration and purchase information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to any other person. You agree to notify us immediately if you have reason to believe your account has been compromised. We will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to suspend or terminate your account at any time for any reason without prior notification.

 

SECTION 3 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products. However, colors or product appearance may differ from how they appear on your screen. We do not warrant that the quality of any products will meet your expectations.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

 

SECTION 4 - ORDERS, PRICES, AND BILLING When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive payment before your order is accepted.

Prices are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling, which will be added to your total.

You represent and warrant that (i) the payment information you supply is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges. Your purchases are for your own personal use and not for commercial resale.

 

SECTION 5 - SHIPPING AND DELIVERY All delivery times are estimates only and are not guaranteed. We are not liable for shipping delays caused by carriers, customs, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.


SECTION 6 - INTELLECTUAL PROPERTY We are the owner or the licensee of all copyright, design rights, trademarks, and other intellectual property rights in the Services and in the material published on it (the “Content”). Your use of the Services grants no rights to you in relation to our intellectual property. All rights not expressly granted are reserved.

You may not modify, copy, translate, broadcast, perform, distribute, frame, reproduce, republish, post, transmit, or sell any Content or intellectual property appearing on this website without our prior written consent. You agree not to change or delete any ownership notices from materials downloaded or printed from the website. If you breach these terms, 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.


SECTION 7 - USER CONTENT, FEEDBACK, AND CONDUCT Users of the website may submit product reviews, profiles, images, comments, feedback, ideas, or other information or materials (collectively, “Contributions”).

A. Contribution Standards: All Contributions must comply with the following standards. Contributions must not:

  • Contain any material which is defamatory, obscene, offensive, hateful, or inflammatory.
  • Promote sexually explicit material or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe upon the intellectual property rights of any other person.
  • Advocate, promote, or assist any illegal act (e.g., transmitting a virus).
  • Be threatening, abusive, invade another’s privacy, or cause annoyance or needless anxiety.
  • Be likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation.
  • Give the impression that they emanate from us, if this is not the case.

B. Rights to Contributions: By making a Contribution, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and display such Contribution for any purpose, including commercial use. We are under no obligation to maintain Contributions in confidence, pay compensation for them, or respond to them. You represent and warrant that you own or have all necessary rights to your Contributions.

C. Monitoring and Enforcement: We reserve the right (but not the obligation) to monitor, edit, or remove any Contributions in our sole discretion. Failure to comply with the Contribution Standards constitutes a material breach of these Terms. We may take such action as we deem appropriate, including but not limited to:

  • Immediate, temporary, or permanent withdrawal of your right to use the website.
  • Immediate, temporary, or permanent removal of any Contribution.
  • Issuing a warning to you.
  • Legal proceedings against you for reimbursement of all costs resulting from the breach.
  • Disclosure of such information to law enforcement authorities.

We take no responsibility and assume no liability for any Contributions submitted by you or any third party.


SECTION 8 - COPYRIGHT INFRINGEMENT POLICY (DMCA) We respect the intellectual property of others. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice containing the following information:

  1. Identification of the copyrighted work you claim has been infringed.
  1. Identification of the material that is claimed to be infringing, including the URL.
  2. Your mailing address, telephone number, and e-mail address.
  1. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  2. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  3. Your full legal name and your electronic or physical signature.

Deliver this notice to our registered address mentioned in Section 22. If we receive a valid counter-notice, we may reinstate the material in question.


SECTION 9 - THIRD-PARTY LINKS AND TOOLS The Services may provide you with access to third-party tools or contain links to third-party websites. You acknowledge and agree that we provide access to such tools and links “as is” and “as available” without any warranties or endorsement. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. Any use by you of third-party tools or websites is entirely at your own risk and discretion.


SECTION 10 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services: (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, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, or scrape; (j) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

 

SECTION 11 - RELATIONSHIP WITH SHOPIFY 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. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and H2Pro Beautylife. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your transactions with H2Pro Beautylife.

 

SECTION 12 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS AND CONTENT ARE 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

 

SECTION 13 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL H2PRO BEAUTYLIFE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR THOSE OF SHOPIFY, 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, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.


SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless H2Pro Beautylife, Shopify, and our affiliates, partners, officers, and employees 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 or your violation of any law or the rights of a third party.

 

SECTION 15 - TERMINATION We may terminate or suspend your access to the Services at our sole discretion, at any time without notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

SECTION 16 - GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed by the laws of the State of California and the applicable Federal laws of the United States. In the event of any dispute or claim relating to the Services or these Terms, you agree to the resolution of such claim or dispute in the state or Federal courts located in Corona, California.


SECTION 17 - MISCELLANEOUS

  • Severability: If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
  • Waiver: The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Entire Agreement: These Terms and any policies posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without consent.

 

SECTION 18 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at online@h2probeautylife.com.

Our contact information is posted below:
H2PRO BEAUTYLIFE
online@h2probeautylife.com