TERMS OF USE AGREEMENT / Last Updated: October 10, 2016
ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to featheredbrow.com. This site is hosted by Kristie Streicher (“Kristie Streicher,” "STRIIIKE", "The Feathered Brow", “we,” or “us”). By using the site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). In addition, when you use any current or future version of the website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the featheredbrow.com following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
PRIVACY POLICY
Please review our Privacy Policy which governs your use of the featheredbrow.com website to understand our privacy practices. By using the featheredbrow.com website, you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and are part of this Agreement.
RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of The Feathered Brow’s website, you warrant to The Feathered Brow that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) mimic or copy this site, or (ii) mimic or copy the proprietary products and services, or (iii) frame this site. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with The Feathered Brow in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use The Feathered Brow’s website in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by The Feathered Brow (the “Content”) is the proprietary information of The Feathered Brow or the party that provided or licensed the Content to The Feathered Brow, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Feathered Brow except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates The Feathered Brow’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
DISCLAIMER LIABILITY
The Feathered Brow has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided "as is" without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. The Feathered Brow DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL The Feathered Brow BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms of Use" page.
If a The Feathered Brow product or service is listed at an incorrect price due to typographical error or error in pricing information, The Feathered Brow shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price or entry. The Feathered Brow will have the right to refuse or cancel any such product orders or Virtual Appointments whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Feathered Brow will issue a credit to your credit card account in the amount of the incorrect price.
COPYRIGHT NOTICE
Copyright notice for all pages on this website and all fashion designs displayed on this website: © 2009-2016 Kristie Streicher and the Feathered Brow. All Rights Reserved. Any reproduction of these pages, brow images, messaging, designs and proprietary approaches shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and similar international laws and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Kristie Streicher and the Feathered Brow's copyrighted techniques and products without first obtaining our written consent. You may not view, reproduce, print or otherwise use any of the content of this website for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. Any other use of any content included on the website, including linking to this website for personal and media-related purposes, is strictly prohibited unless you first obtain our prior written consent.
TRADEMARK NOTICE
All product names and Feathered Brow Services, trademarks, service marks or other images in this web site are either the property of, or used with permission by, The Feathered Brow and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons. The Feathered Brow® is a registered trademark of Kristie Streicher and the Feathered Brow, Inc. in the United States and other countries.
PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by The Feathered Brow (the “Content”) is the proprietary information of The Feathered Brow or the party that provided or licensed the Content to The Feathered Brow, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Feathered Brow except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates The Feathered Brow’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPERLINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, The Feathered Brow. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The Feathered Brow. The Feathered Brow has not reviewed any or all of such sites and is not responsible for the content of those sites. The Feathered Brow is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and The Feathered Brow makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. The Feathered Brow provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by The Feathered Brow of that site or any association with its operators.
TERMINATION OR RESTRICTION OF ACCESS
The Feathered Brow reserves the right, in its sole discretion, to terminate your access to any or all of The Feathered Brow websites and the related services or any portion thereof at any time, without notice.
GOVERNING LAW
These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and The Feathered Brow arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Los Angeles, California.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Feathered Brow as a result of this agreement or use of the The Feathered Brow website.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and The Feathered Brow with respect to this website.
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. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Feathered Brow may revise these Terms of Use at any time by updating this posting.
CHANGES IN THIS TERMS OF USE AGREEMENT
We reserve the right to modify our terms of use agreement and the terms within at any time.
SUBMISSIONS
You hereby grant to The Feathered Brow the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to The Feathered Brow through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Feathered Brow will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Feathered Brow operations. The Feathered Brow reserves the right to use all images submitted unless requested upon submission.
DISCLAIMER / LIMITATION ON LIABILITY
DISCLAIMER
You understand that The Feathered Brow cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Feathered Brow does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by The Feathered Brow.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE FEATHERED BROW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE FEATHERED BROW DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FEATHERED BROW DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE FEATHERED BROW MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE FEATHERED BROW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. The Feathered Brow MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and The Feathered Brow does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
LIMITATION ON LIABILITY
THE FEATHERED BROW, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE FEATHERED BROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE FEATHERED BROW AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE FEATHERED BROW FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
INDEMNITY
You will indemnify and hold The Feathered Brow, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
SECURITY
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, The Feathered Brow reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Feathered Brow reserves the right to investigate suspected violations of these Terms of Use.
The Feathered Brow reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction The Feathered Brow to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS The Feathered Brow FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FEATHERED BROW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FEATHERED BROW OR LAW ENFORCEMENT AUTHORITIES.