Terms of Service
Effective Date: June 1, 2022
Welcome to the LashifyPro Program!
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE LASHIFYPRO PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HERE AND ALL TERMS INCORPORATED BY REFERENCE. YOU ALSO AGREE TO THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 18 TO RESOLVE ANY DISPUTES WITH LASHIFY. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THIS PROGRAM.
- Eligibility. By participating in the Program, You agree and confirm that You meet the following minimum requirements: (1) You are a beauty professional with appropriate confirmation of Your profession (i.e. a cosmetologist, aesthetician, lash/brow technician, makeup artist, salon/spa owner, permanent makeup artist (PMU), or beauty therapist); (2) You are at least eighteen (18) years old (and at least the age of majority in Your jurisdiction of residence) on the date Your Program application is submitted; (3) You are a resident of the United States, Australia, Canada (excluding residents of the Province of Québec), or the United Kingdom; and (4) Your personal or professional identification is current (within one year) and displays Your legal name and, if applicable for the required professional identification type, Your specific profession.
- Enrollment Requirements. You must comply with all requirements in this section to enroll in the Program. Lashify has the sole discretion to approve or reject any application to the Program.
- Application. You must complete the application process provided at [link to LashifyPro landing page].
- Identification Confirming Eligibility. As part of the application process, You must submit to Lashify (1) Your Professional License and (2) any one of the following forms of identification:
- Proof of business (Example: Business License, company registration documents);
- Professional website (must list Your name);
- Contract executed by You in the course of Your business;
- The Knot® listing (or listing on comparable website or platform);
- Call sheet; or
- Tear sheet;
Lashify may need to request and consider additional professional documentation and/or identification to complete Your application.
- Purchase of Pro Kit. You must make a one-time purchase of the Lashify Pro Kit for $1,200 U.S. Dollars (plus any applicable sales taxes), available at [link to LashifyPro landing page or other page for purchase]. The Pro Kit includes a full range of Lashify Products that will give You everything You need to start offering Lashify as a service.
Completion of LashifyPro Program Curriculum. You must complete and pass the LashifyPro Program Curriculum, available at [LINK] (the “Curriculum”). The Curriculum consists of a series of lessons and quizzes to educate You about Lashify’s development, products and services, and techniques for proper application and use of the Lashify system for Your clients. The Curriculum also concludes with a final requirement that You submit a video showing Your application of the Lashify system on another person, according to the guidelines set forth in the Curriculum. When You submit the video, You represent that You have obtained any necessary lawful authority (e.g. consent) from any individuals portrayed in the video prior to disclosing such video to us, and that You have informed such individuals that You will share the video with Lashify. Once You complete and pass the Curriculum, You and Lashify will receive an email confirming your completion. Upon receipt by You and Lashify of that email, You will be deemed to have completed the Curriculum.
- Annual Recertification. At the end of each year of Your participation in the Program, to renew Your annual membership in the Program, You must complete a recertification application provided at [LINK or describe other mechanism] (“Recertification”).
- Term, Termination, and Modification.
- Term. Your membership in the Program starts on the date Lashify confirms in writing (including by email) to You that Your membership application has been approved and ends one year from that start date (the “Initial Term”). If, before the end of the Term, You complete the required Recertification, Your Program membership shall be extended for an additional year and can be extended each year by completing the required annual Recertification (the “Optional Renewal Term”). If the refresher course is not completed by the end of the Initial Term or any Optional Renewal Term (together, the “Term”), Your Program membership shall expire. If Your membership expires, You may take the free refresher course at any time to begin a new Term in the Program.
- Cancellation of Your Membership. If You no longer wish to participate in the Program, You may cancel your membership at any time by emailing email@example.com. You must cash out any available earnings no later than 60 days after Your membership has terminated, or Lashify, upon providing reasonable notice to collect any outstanding earnings, has the right to retain such earnings.
- Termination or Modification of the Program. Lashify offers the Program and its benefits at its sole discretion and may upon providing reasonable notice, cancel, modify, restrict, or terminate the Terms and/or Program, at any time. Lashify reserves the right to modify the terms of the Program or any aspect or feature of the Terms or the Program at any time without prior notice to You if, in Lashify’s reasonable opinion, such modifications are not material.
- Suspension or Termination of Your Membership by Lashify. Lashify may also take action against any Member who violates the Terms, provides false information, or engages in conduct that Lashify considers unprofessional, unethical, or offensive to the best interests of Lashify. Such action may include Your suspension or removal from the Program.
- Program Benefits. Upon enrollment in the Program and solely during the Term, You are eligible for the following benefits.
- Pro Membership Discounts: For orders reaching a minimum of $300 USD, You will receive a sixty percent (60%) discount on the retail price of GOSSAMER® products and a fifty percent (50%) discount on the retail price of all Lashify bonds, sealers, and tools.
- Free shipping on all orders.
- LashifyPro Referral Link and Commissions Paid on Clients’ first Control Kit purchase. You will receive a Referral Link for the Term of your membership in the Program (the Referral Link) that provides for payment of $20.00 commission to You on customer’s first purchase of Control Kit made through Your link on a monthly basis as set forth below (the “Sales Commission”).
- First Sale. You will receive a $20.00 commission on your client’s first Control Kit™ sale made through Your Referral Link.
- Your client will receive $20.00 off the price of their first Control Kit™
When a customer clicks on a Referral Link, the customer is directed to the Lashify website, and the customer purchases a Control Kit, a single session for the customer will be measured from when the customer first clicks through the Referral Link and ends when either (i) 24 hours has elapsed from customer’s click; (ii) the customer clicks on another affiliate’s Referral Link; or (iii) the customer has placed an order for a Control Kit and completes that order no later than the end of the 24 hour period (“Attribution Period”). For the avoidance of doubt, if a customer clicks on multiple, different Referral Links prior to purchasing a Lashify Product, credit will be given, during the Attribution Period, to the Referral Link the customer clicked on last.
You receive a $20.00 Sales Commission on your customer's first Control Kit sale made by using Your Referral Link, as described above, during the Attribution Period. Sales Commission is paid on net sales, and does not include sales tax, shipping, and handling, returns, refunds or cancellations. A Product sale is considered final in accordance with Lashify’s return policy, located at https://lashify.com/pages/return-policy.
You will be paid by the fifteenth (15th) day of the month following the month in which a Product sale is final post 30 days from the payment of the customer. The payment will be made in the USD currency via bill.com.
For the avoidance of confusion, if a transaction attributed to Your Referral Link results in a cancellation, return, or refund, or if customer’s payment method is rejected, that transaction will not be counted toward Your Sales Commission.
Lashify may provide and/or require Your completion of appropriate tax forms and documentation by February 15th in any year for Sales Commissions earned the prior year (including, for U.S. residents, completion of a W-9 if Your Sales Commissions total $600 USD or more within a given year). If You cancel your membership in the Program, You will qualify to receive pay-outs earned prior to the date of Termination.
If You fail to follow the Terms or materially breach the Terms, You forfeit all rights, including the right to any Sales Commissions earned under the Terms after the material breach, and Lashify reserves the right, to the extent permitted by applicable law, to permanently cease payment of all Sales Commissions after the material breach otherwise payable to You with reasonable notice and without prejudice to any right of Lashify to recover damages more than this amount.
- LashifyPro Directory. If You would like to be listed in the LashifyPro Directory, available on lashify.com, where visitors can search by location for LashifyPros near them, You must notify Lashify by clicking to check the box provided in the Program application process that confirms your wish to be included in the directory. We will include Your name as well as the name, address, website, and phone number for Your business in the directory, and this information will be available to any visitors to our website.
- Pro Program Coach. You will be provided with a Lashify Pro Program coach. Your coach will check in with You one month into Your membership and again six months into your membership to learn how Your participation in the Program is going, answer questions You may have, and provide tips and guidance to support Your participation in the Program.
- Pro Program Membership Badge. Lashify will provide You with, and allow You to use, a digital and physical “badge” for display, signifying that You are a LashifyPro.
- Exclusive “Pro-Only” Access and Opportunities. You will receive exclusive access to certain events and offerings at Lashify’s sole discretion, including (1) invitations to exclusive “Pro Events” and “Pro-only” products; (2) early access to information from Lashify through “Pro-only” communications; (3) access to a LashifyPro Community on Social Media; (4) opportunities to work at Lashify pop-up events; and (5) opportunities to earn additional income by scheduling 1-on-1 consultations with Lashify customers.
- Program Restrictions. You represent and warrant that You shall abide by the following Program restrictions.
- Your Use of Benefits. The benefits Lashify provides to You under the Terms are for Your use only. You agree that You will not offer the Lashify products for sale or resale by You or any other person, other than through a Referral Link, if one is provided to You as set forth in Section 6.3. You also agree that You will not allow any person other than You to display, distribute, or otherwise provide to others Your Referral Link, if one is provided to you as set forth in Section 6.3. Lashify reserves the right to request verification of Your information prior to the acceptance and/or shipment of any order. Lashify has the right, without prior notice, to refuse or cancel orders placed, limit the order quantity on Lashify products, and/or refuse service upon determination of Your breach of the Terms.
- Referral Link Limitations. If you receive a Referral Link as set forth under Section 6.3, You represent and warrant that You are prohibited from using toolbars, adware, cookie stuffing, forced clicks, iframes, pop-ups, pop-unders, or any other technology or process to fraudulently associate Your Referral Link with a consumer. You may not use Your Referral Link to make purchases for yourself. Further, You will not be entitled to Sales Commissions for purchases that are subsequently returned or for purchases that Lashify deems to be fraudulent, which shall be determined in Lashify’s sole discretion. In the event Lashify discovers any fraudulent use of Your Referral Link, You will be required to forfeit or repay earnings attributed to such fraudulent use, in Lashify’s sole discretion, up to all of Your Referral Link Sales Commissions. Lash Technicians that receive and use a Referral Link must also follow the guidelines as set forth under Section 7.3, 7.4, and Section 8, and all other provisions of the Terms.
- Compliance with Applicable Laws. You represent and warrant that Your performance under the Terms, including communications, advertising, marketing, sales, and transmissions related to the Terms shall be in strict compliance with all applicable laws, rules, and regulations, including but not limited to all laws, rules, and regulations governing: (1) Internet-based marketing (this includes, without limitation, the Restore Online Shoppers Confidence Act, the FTC staff guidelines for online negative option marketing disclosures, FTC “Dot Com Disclosures” guidelines, Canadian Code of Advertising Standards guidelines, and Canada’s Competition Act, the Consumer Protection from Unfair Trading Regulations 2008, the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing, all relevant rules, codes and guidance relating to affiliate marketing and influencer marketing issued by the UK’s Advertising Standards Authority, the UK’s Committee of Advertising Practice Executive and the UK’s Competition and Markets Authority guidance published by the Australian Competition and Consumer Commission on advertising and selling, the Association of National Advertisers (ANAA) Code of Ethics, and any comparable legislation, regulations, rules , codes and guidance in Your jurisdiction, as they may be amended)); (2) marketing to minors; (3) privacy and data protection, including the General Data Protection Regulation, the UK Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003; and (4) all other applicable federal, state, provincial/territorial and local laws, regulations, and guidelines including, but not limited to:
- The FTC Guides Concerning Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf);
- The FTC’s Endorsement Guides: What People are Asking (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-w hat-people-are-asking);
- FTC: The Do’s and Don’ts for Social Media Influencers (https://www.ftc.gov/news-events/press-releases/2017/09/csgo-lotto-owners-settle-ftc s-first-ever-complaint-against);
- FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide 508_1.pdf);
- FTC: Do you endorse things on social media? (https://www.ftc.gov/news-events/audio-video/video/advice-social-media-influencers);
- Advertising Standards Canada’s Influencer Marketing Steering Committee Disclosure Guidelines (https://adstandards.ca/wp-content/uploads/Ad-Standards-Influencer-Marketing-Steering-Committee-Disclosure-Guidelines_FALL2020_EN.pdf);
- The UK Information Commissioner’s Direct Marketing Code of Practice (https://ico.org.uk/media/for-organisations/documents/2021/2619043/direct-marketing-code-draft-guidance-122020.pdf);
- CAP Executive: Online Affiliate Marketing (https://www.asa.org.uk/advice-online/affiliate-marketing.html);
- CAP Executive: Recognising ads: Social media and influencer marketing (https://www.asa.org.uk/advice-online/recognising-ads-social-media.html);
- CAP Executive and CMA: Influencers’ guide to making clear that ads are ads (https://www.asa.org.uk/resource/influencers-guide.html);
- CAP Executive: Influencer Marketing – Key Advice Resources (https://www.asa.org.uk/news/influencer-marketing-key-advice-resources.html).
- The ACCC’s guidelines on Advertising & Selling published on 1 December 2020: (https://www.accc.gov.au/publications/advertising-selling );
- The ACCC’s guidelines on False or misleading statements (https://www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements);
- The ACCC’s guidelines on Social Media (https://www.accc.gov.au/business/advertising-promoting-your-business/social-media);
- The ACCC’s guidelines on Managing online reviews(https://www.accc.gov.au/business/advertising-promoting-your-business/managing-online-reviews); and
- the AANA’s Code of Ethics (https://aana.com.au/self-regulation/codes-guidelines/code-of-ethics/).
- Obligations of Pros
- Market the Lashify Products to Your prospects, using the Referral Link;
- Maintain the integrity of and refrain from changing, adapting, rewording, or altering in any manner Lashify’s Marketing Materials without the prior written consent of Lashify; “Marketing Materials” shall mean all promotional materials created, owned, authorized, and provided by Lashify to You, such as text, images, data, links, linking tools, or any other information or content related to this Program, created for the purpose of promoting Lashify’s programs, products, and events;
- Place banners or links only within the content of Your Website, and within other web-related content, only with the prior written consent of Lashify;
- Notify Lashify immediately of any unauthorized use of any Marketing Materials posted on Your Marketing Channels; “Marketing Channels” shall mean Your website, Instagram, Facebook, Twitter, TikTok, YouTube, and/or other social media accounts, and shall not include the sending of commercial electronic messages, which is expressly prohibited
- If You receive a referral link, clearly and conspicuously disclose Your “material connection” on all Marketing Channels or webpage where the Referral Link appears, including that You earn a commission from qualifying purchases of Lashify Products. This disclosure should be made near any statements that You make about the Lashify brand or its products or services and can be made using a hashtag such as #AD, and if applicable, use the “paid partnership” tool on Instagram;
- Notify Lashify if contacted by any customer or other person for matters relating to the purchase of a Lashify Product from Lashify or an interaction with the Lashify website; and
- Permit Lashify to regularly monitor Your Content during the Term.
You shall not:
- Make any comment or post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Make any comment or post any material with inappropriate language or content that promotes sexually explicit or pornographic material, violence, bigotry, racism, or discrimination against any individual based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Make any comment or post any material that in any way promotes unsafe or illegal activities, or advocate, promote or assist any act that could lead to an unsafe or unlawful situation involving Lashify’s consumers or other individuals;
- Make any comment or post any material that is likely to cause severe annoyance, inconvenience, or needless anxiety or to upset, embarrass, alarm, or severely annoy any other person;
- Make any comment or post any material that identifies any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, and/or violate any law;
- Make any comment or post Content that is not reflective of Your honest and truthful opinions and actual experiences with the Lashify brand. You should only make factually accurate statements about Lashify’s products or services, its characteristics or qualities that You know for certain are true and can be verified;
- Perpetrate any fraud, impersonate any person, or misrepresent its affiliation with Lashify or any other person or organization;
- Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme in connection with the Referral Link;
- Unlawfully gather information about purchasers or potential purchasers of Lashify Products;
- If you are a Lash Technician, use the Referral Link to disseminate any computer viruses or other software that may damage the property of another;
- If you are a Lash Technician, use Use the Referral Link to harvest or otherwise collect or store any information (including personal information) about consumers, including e-mail addresses, without the express consent of such consumers;
- Misrepresent or embellish Lashify’s relationship with You, including stating, whether expressly or impliedly, that Lashify supports, sponsors, or endorses Your content, except as expressly permitted by the Terms;
- Bid in any keyword advertising campaign on keywords, including but not limited to terms such as Lashify, Control Kit™, Gossamer®, LashifyPro, Fuse Control™ Wand, Wandom™, and/or any misspellings or similar alterations of these terms or any other terms relating to the Lashify Products or Lashify’s trademarks, be it separately or in combination with other keywords, to direct the traffic from such keyword advertising campaigns to Your website prior to re-directing it to Lashify’s website. If You participate in such keyword bidding and website redirection You will be considered to have violated Lashify’s trademark rights and will be terminated from the Program;
- Violate any applicable laws, ordinances, regulations, codes of practice, industry standards, judgments, decisions, guidelines, or permits by virtue of participation in this Program.
- Third Party Rights. You represent and warrant that Your acceptance of the Terms and participation in the Program does not violate any agreement to which You are or will be bound, any applicable governmental law or regulation to which You are subject to or infringe upon any intellectual property or other rights of any third party.
- Data Protection and Anti-Spam. You represent and warrant that Your performance under the Terms, including communications, advertising, marketing, sales, and transmissions related to the Terms shall be in strict compliance with all applicable laws relating to data protection, privacy, and anti-spam. To the extent that You process personal data within the scope of the UK General Data Protection Regulation and the Privacy and Electronic Communication (EC Directive) Regulations 2003, You agree to comply with Lashify’s UK Data Protection Terms [Lashify to insert link] which are incorporated herein by reference.
- Lashify’s Intellectual Property
- License. Lashify hereby grants You a non-exclusive, non-transferable, revocable, royalty-free, limited license during the Term of Your membership in the Program to use and display Lashify’s trademarks and logos and, if provided by Lashify, its copyrighted images and other materials (“Lashify IP”) on Your advertising and marketing materials to display Your participation in the Program and otherwise perform Your obligations and use Your benefits under the Terms. Lashify reserves the right to revoke or modify this limited license at any time. You agree that any and all intellectual property rights in the Lashify IP are, and will remain, Lashify’s exclusive property. Nothing in these Terms intends to or will transfer any intellectual property rights in the Lashify IP to, or to vest any intellectual property rights in the Lashify IP in You other than the limited license above. You are only entitled to the limited use of the rights granted to You under the Terms, and You will not take any action to jeopardize, limit, or interfere with Lashify’s intellectual property rights in the Lashify IP. You acknowledge Lashify’s ownership and exclusive right to use the Lashify IP and agree that all goodwill arising because of the use of the Lashify IP shall inure to the benefit of the Lashify.
- Quality Control. Proper presentation of the Lashify brand must be reflected by Your usage of the Lashify IP. You should ensure that any presentation of the Lashify IP is consistent with Lashify’s own use of the Lashify IP in comparable media. From time to time, Lashify may provide you with additional guidelines for the size, typeface, colors, and other graphic characteristics of the Lashify IP, which, upon delivery to You, shall be deemed to be incorporated into these standards and any agreements between You and Lashify.
- Indemnification. To the maximum extent not prohibited by applicable law, You hereby agree to indemnify, defend, and hold harmless Lashify, its affiliates, and its respective officers, directors, employees, representatives, agents, successors, and assigns (the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) any breach by You of Your representations, warranties, or other obligations set forth in the Terms, and (ii) Your use of Lashify’s products and services, whether with Your clients, customers, social media followers, or otherwise, in connection with Your participation in the Program,; and (iii) ) any breach by a Lash Technician’s representations, warranties, or other obligations set forth in the Agreement in connection with the use of the Referral Link, in whole or in part, including without limitation any claims under copyright or other federal law, or any proprietary right under any state or provincial/territorial law or under the law of any jurisdiction, including any and all laws relating to the right of privacy and/or the right of publicity. You agree to cooperate with Lashify, at your expense, in the Indemnified Parties’ defense of any action, proceeding, or litigation against Lashify arising out of or relating to the above indemnification by You, and the Indemnified Parties shall utilize their counsel of choice to the consent of You, which will not be unreasonably withheld.
- Waiver of Liability. YOU HEREBY WAIVE ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LOSSES, AND DAMAGES OF ANY KIND OR NATURE, YOU MAY HAVE AGAINST LASHIFY AND/OR THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR MEMBERSHIP IN THE PROGRAM. THIS WAIVER OF LIABILITY APPLIES TO ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LOSSES, AND DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE. THIS WAIVER OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS AND EVEN IF YOU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER OF LIABILITY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Disclaimer of Warranties.
TO THE EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE PRODUCTS ARE PROVIDED “AS IS” AND LASHIFY HEREBY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LASHIFY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES AND CONDITIONS ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO SUCH PRODUCTS AND LASHIFY MAKES NO WARRANTY OR CONDITIONS OF ANY KIND THAT ANY PRODUCTS OR RESULTS OF ITS USE WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT TO THE EXTENT PERMITTED UNDER THE LAW. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY LASHIFY, OR ANY OTHER PERSON ON LASHIFY’S BEHALF.
LASHIFY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT REGARDING THE AMOUNT OF SALES COMMISSION YOU CAN EXPECT TO RECEIVE IN CONNECTION WITH THIS PROGRAM AND LASHIFY WILL NOT BE LIABLE FOR ANY ACTION TAKEN BASED ON EXPECTATIONS OF SALES COMMISSIONS.
- Relationship with Lashify. Nothing contained in the Terms shall be deemed or construed as a joint venture or partnership between You and Lashify. Neither Party is by virtue of the Terms authorized as an agent, employee, or legal representative of the other Party hereto. At all times, You shall remain independent contractor of Lashify. Neither Party shall have any power or authority to commit or bind the other Party.
Lashify is not responsible for withholding or paying any income, payroll, Social Security, or other taxes; or making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on Your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest.
- Modification. Lashify may modify the Terms at any time at its sole discretion with reasonable notice to Member. In such event, Member will be notified either by email, Lashify’s posting of revised Terms on its website, or any other reasonable means. Modifications are not limited and may include any provision of the Terms, including Section 6. If any modification is made to Section 6 however, Lashify will provide at least seven (7) business days’ notice in writing to Pro. Continued participation in the Program following the posting date of these modifications will indicate Your agreement to these modifications. IF ANY MODIFICATION IS UNACCEPTABLE, YOUR ONLY RECOURSE IS TO CANCEL YOUR MEMBERSHIP IN THE PROGRAM IN ACCORDANCE WITH SECTION 5.2.
- Force Majeure. Lashify shall not be held responsible for any delay or failure in performance of the Terms caused by pandemic, fire, hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brownouts or black-outs, computer hacking, unforeseeable emergencies, acts of god, or acts of terrorists (“Force Majeure”) if the effects of such Force Majeure could not have been avoided through the application of reasonable foresight or diligent effort.
- Legal Fees and Costs. Should Lashify require legal counsel to: (i) defend any claim, action, or cause of action brought by You or by a third party regarding Your Lashify membership or conduct; and/or (ii) enforce Lashify’s rights under the Terms, Lashify shall be entitled to recover reasonable legal fees and any related fees and costs incurred by Lashify in connection therewith.
- Governing Law. Except as set forth in Section 18 below, the Terms will be governed and construed by the laws of New York without giving effect to applicable conflict of laws provisions.
- Mediation and Arbitration. EACH OF THE PARTIES IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS. If any Dispute cannot be settled through direct discussions, You and Lashify agree first to endeavor to settle the Dispute by confidential mediation conducted in the City of New York and administered by JAMS or its successor (“JAMS”). If a Dispute is not otherwise resolved through direct discussions or mediation, it shall be resolved by confidential arbitration conducted in the City of New York and administered by JAMS in accordance with its Comprehensive Rules and Procedures, including the Optional Appeal Procedure. The arbitration shall be held before a single neutral (i.e., mutually agreed upon) arbitrator; any appellate panel shall consist of three neutral members. Upon conclusion of any arbitration proceedings hereunder, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached. Any judgment upon the award rendered by the arbitrator may be entered in any state or federal court in the City of New York having jurisdiction of the matter thereof. The arbitrator shall have the authority to grant any other equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a disputed matter but shall not have the authority to grant any remedies the parties have waived. You and Lashify agree to submit to the personal jurisdiction of the Supreme Court of the State of New York for the County of New York and the United States District Court for the Southern District of New York for purposes of confirming any such award and entering judgment thereon. You and Lashify hereto waive all objections that they may have as to jurisdiction or venue in any of the above courts.
- No Class Actions. You agree to only bring claims against Lashify on an individual basis. That means You cannot bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action. The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any class, collective, consolidated, or representative arbitration proceeding (unless You and Lashify both agree to change this). The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other individuals, and cannot be used to decide other disputes with other users.
- Confidentiality. You understand that You may be exposed to Lashify’s sensitive business information, including financial information, marketing and brand strategies, or other information and ideas that may not have been disclosed to the public (“Confidential Information”). You agree to maintain the confidentiality of all Confidential Information disclosed to You or which otherwise becomes available to You in connection with the Terms and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose, other than as permitted under the Terms or upon written consent of Lashify. A breach of this section will cause Lashify irreparable harm and shall entitle Lashify to immediate injunctive relief without the necessity of posting a bond or other security, in addition to an award of damages. But for Your willingness to agree to this section, Lashify would not have entered into the Terms with You.
- Miscellaneous. This Program is void where prohibited by law. Lashify reserves the right to modify or amend the Program, including qualifications, minimum purchase price, and membership benefits at any time within its sole and absolute discretion without prior notice. Membership benefits are non-transferrable. By participating in the Program, and to the extent permissible by applicable law, You consent to receiving marketing emails regarding the Program (to the extent permitted by applicable data protection and privacy laws). Nothing herein shall be construed to be to the benefit of any third party, nor is it intended that any provision shall be for the benefit of any third party. The waiver or failure of Lashify to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right under the Terms.
- Severability. If any provision of the Terms is found invalid, illegal, or unenforceable under any applicable statute or rule of law, in whole or in part by any court of competent jurisdiction, the remainder of the Terms will not be impaired or affected and will remain binding and enforceable.
- Read and Understood. Each Party acknowledges that it has read and understands the Terms and agrees to be bound by them.
- Headings. The descriptive headings of the sections and subsections of the Terms are for convenience only, and do not affect this Agreement’s construction or interpretation.
- Necessary Acts; Further Assurances. Each Party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions the Terms contemplate or to evidence or carry out the intent and purposes of the Terms.
- Survival. Sections 7.3, 7.4, 8, 10–13, and 16–26 of the Terms shall survive expiration or termination of the Terms for any reason and shall remain in full force and effect in accordance with their respective terms, without modification, limitation, or impairment of any kind.
- Contact Us. If you have any questions or concerns, please contact Lashify by emailing firstname.lastname@example.org.