Terms & conditions
TERMS & CONDITIONS
Welcome to natashadenona.com. These Terms & Conditions (“Terms” or “Agreement”) apply to the Natasha Denona website located at https://www.natashadenona.com/ and all other sites, mobile sites, mobile applications, social media sites, and platforms where these Terms appear or are linked (collectively, the “Website”). The content, products, and services available on the Website are provided to you by Natasha Denona Makeup LLC (“Natasha Denona,” “Company,” “us,” “our,” or “we”) subject to the following terms and conditions.
We recommend that you read these Terms carefully. By accessing or using the Website, in any manner whatsoever, or using any products ordered through the Website (“Products”), you are acknowledging that you have read, understand, and agree to be bound by these Terms and other policies posted on the Website.
These Terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 19, regarding dispute resolution, for full details.
- Legally Binding Agreement
These Terms form a legally binding contract between you and Natasha Denona and constitute the exclusive legal basis for any disputes concerning your use of the Website, our Products, services provided, or any other matter between you and Natasha Denona. Any right not expressly granted to you in this Agreement is reserved to Natasha Denona.
By using the Website, you expressly represent and warrant that you are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. You also represent and warrant that you own and are authorized to use the credit card and email address submitted by you in conjunction with any purchase or other transaction initiated on the Website.
- Pro Makeup Artist Program
We provide a discount of up to thirty percent (30%) off on eligible Products, as selected by Natasha Denona in its sole discretion (“Eligible Products"), to cosmetic industry professionals (the “Pro Makeup Artist Program”). We reserve the right to change the Eligible Products from time to time as we deem fit and without notice to you. As a prerequisite to participating in the Pro Makeup Artist Program, you are required to present documentation of eligibility, such as a certificate of completion from an accredited makeup school, cosmetology license, a portfolio, or any other proof that is satisfactory in our sole discretion. We reserve the right to revoke or refuse participation in the Pro Makeup Artist Program to any registrant in our sole discretion for any reason, or no reason at all, and to change the qualifications for participation. Registrants will not be eligible to the Pro Makeup Artist Program discount until such proof is presented to and approved by Natasha Denona. Registration in the Pro Makeup Artist Program is personal, and the associated benefits cannot be transferred or shared with any other person or entity. It is up to you to remember to use your Pro Makeup Artist Program discount, and no refunds will be honored for your failure to provide timely documentation of eligibility or application of the discount.
No Double Discounts. Eligible Products are exclusive of discounted Products, including without limitation, all Products on sale or offered as part of any bundle or promotion. The Pro Makeup Artist Program discount cannot be applied to any already-discounted Product, even if such Products were previously designated as Eligible Products.
- Product Information
While we attempt to provide an accurate description of the Products on the Website, we do not warrant the accuracy, completeness, reliability, or currency of such descriptions. All details, descriptions, and images of the Products listed on the Website are intended only to provide a general indication of the Products and merely for illustration purpose. Because the brightness and color settings vary from device to device or may be inaccurate for other technical reasons outside of our control, the Product colors you see when viewing the Website may not be accurate.
The statements made about the Products have not been evaluated by the U.S. Food and Drug Administration (or any other government agency) and the results reported, if any, may not necessarily occur in all individuals. You understand and agree that nothing on the Website is intended as or should be construed as medical advice. The Products and statements made about the Products are not intended to diagnose, treat, cure, or prevent any condition or disease. It is your sole responsibility to review all Product information and ingredients to avoid potential allergic or other negative reactions thereto. Company is not responsible for any typos or errors in the ingredient list, or damages arising therefrom, so long as such typos or errors are not made in bad faith. If you have an adverse reaction to using any Product, you should discontinue use immediately and seek emergency medical treatment.
The Products available on the Website, including any samples Natasha Denona may provide are for personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion.
The availability of the Products and services described on our Website, and the descriptions of such Products and services, may vary based on location and timing.
- Purchases and Payment
You agree to pay Company for the Products according to the price indicated in your shopping cart at the time of purchase, in addition to all applicable taxes, shipping, and handling charges. Product pricing may be changed at any time in Company’s sole discretion. Prices of Products may vary between the online store and our physical stores. During sales or promotions when a percentage of the regular price is discounted, if the resulting sales price includes a fraction of a cent (or equivalent lowest form of currency), then it will be rounded up to the next cent. Unless otherwise indicated in your shopping cart at the time of your purchase, all prices are in U.S. Dollars ($USD).
Before placing an order through the Website, you will be required to create an account (your “Account”) and provide certain information necessary to process your order, including but not limited to your name, mailing address, billing address, email address, telephone number, and payment information. Company is not responsible for loss and/or damage due to an error or inaccuracy in the information as provided by you.
The maximum order quantity permitted for a single SKU in a single order is 6 pieces and it is contingent on release date of SKU, promotional sale event, availability, and demand.
Shipment of the Products are subject to the availability of the ordered items in stock. Company reserves the right to cancel any order, whether in whole or in part, and refund all corresponding charges in the event of insufficient stock of your ordered Product.
All payment forms are subject to verification and review by Company and its affiliated financial institutions. Natasha Denona reserves the right to refuse any transaction, sale, or shipment of orders due to suspected fraud, unauthorized, or illegal activity.
After your order is placed, you will receive an e-mail confirmation that will include a summary of the principal terms and conditions, information about essential characteristics of the Products purchased, the price of the purchased Product and the payment method, the shipping information and its rate, information regarding our cancellation policy and the conditions thereof, the address to which you should refer complaints, and the Product warranty, if any.
In the event that an order confirmation has not been received within 24 hours after the order is placed, you should contact us via email at firstname.lastname@example.org. Company will not be responsible for order delays due to technical issues.
Natasha Denona processes orders at a fast pace making it impossible to edit, change or cancel an order after it has been placed. Kindly email us at email@example.com and we will be happy to assist with the return process once the order is received.
All orders are processed and ship Monday through Friday, excluding federal holidays within the United States. Orders must be placed by 1pm EST to be processed on the same business day, otherwise the order will be processed the following day. Packages do not ship on the following holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, 4th of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving’s Day, and Christmas Day.
Shipping costs, particularly for international orders, vary due to factors outside of our control. Your actual shipping costs will be displayed to upon checkout. Estimated shipping methods and costs are as follows (Note these estimates are provided as a guide only, and can change from time to time):
U.S. orders ship FedEx Express 3-5 business days
Orders up to $35: $10 flat fee*
Orders over $35: Free Standard Shipping*
International orders ship Global-E Express 3-7 business days*
Orders up to $150: $15-$25 flat fee depending on the region*
Orders over $150: Free Standard Shipping*
*exclusions apply depending on region.
*qualifying total taken after discount and before tax
*Excluding orders shipping to Spain, Italy, and Mexico
* International shipments (subject to service availability) delivered to remote and less-accessible locations are assessed an out-of-delivery area surcharge of minimum $25 in addition to the above shipping costs.
Company is not responsible for damage, material difference, defect or loss that occurs to Products delivered to forwarding companies or parcel forwarding companies. We will not offer replacements or refunds for orders or items that are reported missing or damaged that we reasonably believe to have been delivered to a forwarding/parcel company. Any order addressed to forwarding or parcel company is placed at your own risk. Company is not responsible for orders that are stolen or damaged after delivery.
At this time, the Company does not ship to the following countries: Algeria, Andorra, Brazil, Israel, Montenegro, Nepal, Nigeria, Russia, Serbia, Seychelles, Spain, Thailand, Tonga, and Turkey.
Products that contain sunscreen cannot be shipped to Canada and will be removed from your order at checkout or after you submit your order.
If applicable, additional fees, such as import fees, will be calculated upon checkout. You agree to pay all additional costs including but not limited to those resulting from customs clearance charges, import duties, local taxes, and/or any other import fees. Company will not be responsible and will not bear the costs for any additional charges due to local laws, customs, duties, or any type of local import taxation. It is your sole responsibility to be aware of local laws in your location (and/or the location of the shipping address provided by you) with respect to goods purchased from the U.S. and be the sole bearer of costs and other consequences resulting from them. Note that if customs clearance procedures are required, it can cause substantial delays beyond our delivery estimates. If you choose not to pay these fees and request a refund, you will be refunded in the amount of the original payment less the cost to clear the package for return to us as well as the outbound and return shipping costs and will have no claims against Company regarding the order at issue.
- Return Policy
If you are not satisfied with your online order, you can return new or gently used Product(s) within 30 days of receipt. You are responsible for return shipping costs, and original shipping costs are non-refundable.
International orders are not eligible for return.
Once the return is received and processed, your payment card will be refunded for the purchase price of the returned Product. It may take 7-10 business days for the refund to appear on your account. Please note that we will not be responsible for any delays in processing the refund resulting from your bank or credit card company.
Shipping costs are non-refundable for undelivered, unclaimed, returned, or refused packages. You will be responsible for all shipping and handling charges, including the original delivery as well as the return shipment. If the order being returned received free shipping, our actual shipping cost of the order will be deducted from the credit or refund issued to you for the returned Product(s). Any item stated to be ‘’final sale’’ will not be eligible for refund.
You must coordinate the return of the item with our Customer Service team by emailing: firstname.lastname@example.org
Natasha Denona does not accept returns on items purchased from third-party retailers and is not responsible for damage to Product(s) purchased from our third-party retail partners.
For purchases made at a brick and mortar location, consult the retailer’s return policy.
- 10. License
Subject to your compliance with these Terms, Natasha Denona grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website. No part of the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. As a condition of your use of the Website, you warrant to Natasha Denona that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All rights not expressly granted in this Agreement are reserved by Natasha Denona. Without limitation, this Agreement grants you no rights to the intellectual property of Natasha Denona or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
- No Reliance on Third Party Content; Third Party Websites
Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.
The Website may contain links to the websites of third parties ("Third Party Websites"). Third Party Websites are not under the control of Natasha Denona, and we are not responsible for the content or performance of any Third-Party Website. We do not endorse, take responsibility for, monitor, or check for accuracy, appropriateness, or completeness of any Third-Party Website. If you decide to leave the Website and access a Third-Party Website, you do so at your own risk. Company provides links to Third-Party Websites only as a convenience to you, and the inclusion of any link does not imply endorsement or any association. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any Third-Party Website.
Please carefully review 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.
Certain services made available through the Website are delivered by third parties. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Natasha Denona may share such information and data with any third party with whom Natasha Denona has a contractual relationship to provide the requested product, service or functionality on your behalf.
- Assumption of Risk; Release
You knowingly and freely assume all risk when using the Website and our Products. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Natasha Denona and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website or Products.
User Account, Accuracy, and Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Company immediately of any unauthorized use of your Account. Natasha Denona shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Natasha Denona, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
- Consent to Receive Electronic Communications
By registering for the Website and providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Natasha Denona, over the short term and periodically, including SMS text and email communications. These communications will be about your orders, new Product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at email@example.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
By consenting to Natasha Denona’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts. Including requests for reviews from us, even if your mobile number Is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as
using alternative words or requests, will not be considered a reasonable means of opting out. V\le do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- Prohibited Conduct
Natasha Denona imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Natasha Denona or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Natasha Denona, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third-Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Natasha Denona parties in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Website.
- Intellectual Property
You represent and warrant that when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is always governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Company’s name and the Company logo, and the Product names and marks (collectively, the "Company Marks") are trademarks or registered trademarks of Natasha Denona and its affiliated companies. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Website will inure to the benefit of Natasha Denona, and you agree to assign, and do assign, all such goodwill to Natasha Denona. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of the Company Marks.
All content and other materials available through the Website, including without limitation the Company logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Natasha Denona or are the property of its licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
- Disclaimer of Warranties; Limitation of Liability
NATASHA DENONA, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NATASHA DENONA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NATASHA DENONA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation of Liability
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR PRODUCTS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION IS ENFORCEABLE IN NEW JERSEY.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITE.
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NATASHA DENONA AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Your Responsibility for Loss or Damage; Backup of Data
You agree that your use of the Products and Website is at your sole risk. You will not hold Natasha Denona or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Products or Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees (collectively, the “Indemnitees”), harmless from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Natasha Denona, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website or Products; (iv) your provision to Natasha Denona or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Section 15 regarding prohibited uses of the Website and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company parties.
- Dispute Resolution
If you and Natasha Denona cannot resolve a dispute or other Claim through negotiations, the dispute or Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and Natasha Denona agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Natasha Denona, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Natasha Denona initiates arbitration against you, Natasha Denona shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Natasha Denona agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Natasha Denona will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Class Action Waiver
Any arbitration claims or other proceeding by or between you and Natasha Denona shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or Natasha Denona from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Natasha Denona from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in New York, New York.
Governing Law and Location
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict-of-law provisions. By visiting the Website, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Website.
Natasha Denona may terminate this Agreement, the Website, and your account, at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Website. Sections 9, 12, and 16-22 shall expressly survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Natasha Denona is accurate and current, and notice to you shall be deemed effective upon the sending by Natasha Denona of an email to that address. You shall give any notice to “Company by submitting said notice to us at firstname.lastname@example.org.
Entire Agreement. This Agreement constitutes the entire agreement between Natasha Denona and you concerning your use of the Website.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Natasha Denona, or by the unilateral amendment of this Agreement by Natasha Denona along with the posting by Natasha Denona of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Natasha Denona. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Natasha Denona are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: The Natasha Denona Parties, Indemnitees, and its licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Natasha Denona and its licensors and suppliers and would therefore entitle Natasha Denona or its licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.