This website, 107beauty.com (the “Site” or “Store”), is operated by 107 North America Inc (“107 North America”). Throughout the Site, the terms “we”, “us” and “our” refer to 107 North America Inc. 107 North America offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms of Service”, “Terms”, or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (the “User(s)”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services offered on the Site (the “Service”). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our Store is hosted on Shopify Inc (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products (the “Products”) and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
a. Who Can Use It. Use of the Site by anyone under 13 years of age is prohibited. A User represents that he/she is at least the age of majority in the jurisdiction where the User lives or, if the User is not, the User’s parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on the User’s behalf and bear responsibility for the User’s use.
d. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.Section 5 - Products or Services
Certain Products or Services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policies. We have made every effort to display as accurately as possible the colors and images of our Products that appear at the Store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Products or Services made on this Site is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All material and information presented by 107 North America is intended to be used for personal educational or informational purposes only. The information, statements, Services and Products are not intended to diagnose, treat, cure or prevent any condition or illness. Please use all Products strictly in accordance with their instructions, precautions, warnings and guidelines. Also, please always check each Product's ingredients to avoid potential allergic reactions. If any minor uses any goods or products from 107 North America, it should be only after the legal or parental guardian have read or requested the ingredient list of the Product, and if needed, consulted with the minor’s doctor. The statements made about the Products that have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. 107 North America products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the Product's failure could create a situation where personal injury or death may occur.
107 North America has endeavored to provide accurate information on the Site, but assumes no responsibility for the information's accuracy. We do not warrant that the Product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The Site's reference to any Products, Services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by 107 North America itself unless specifically stated otherwise. Occasionally there may be information on our Site that contains omissions, inaccuracies or typographical errors that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability, and may not be complete or current. 107 North America reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order), and to change or update information or cancel orders if any information in the Products or the Services is inaccurate at any time without prior notice, and we apologize for any inconvenience this may cause.Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You are responsible for maintaining the confidentiality of your account details, including but not limited to the restriction of access to your computer, password and account data that you may use to access the Site. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You agree to accept full responsibility for all activities that occur under and/or within your account or password, whether your password is with our Services or a third-party service. You agree to immediately notify 107 North America of any unauthorized use of your password or user name or any other breach of your account's security, and to ensure that you "log off" and exit from your account at the end of each Site visit. 107 North America will not be liable for any loss or damage that you or anyone else may incur from another's use of your account, or arising from your failure to comply with any of the foregoing obligations. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of 107 North America or its community to do so.Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
107 North America's Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials (the "User Content") on or to our Site, you are entirely responsible for such User Content and its accuracy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You understand you are participating in a public forum and that any User Content that you submit to 107 North America and/or the Site may be available to all other Site users. 107 North America does not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein, and 107 North America expressly disclaims any and all liability in connection with User Content submissions.
As to all User Content that you submit, you warrant that:
(a) you are either the User Content's sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents and/or licenses to enable and authorize you and 107 North America's use of the User Content at the Site (and elsewhere) as provided hereunder;
(b) any User Content that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, including copyright, trademark, privacy, personality or other personal or proprietary right, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material that could in any way affect the operation of the Site, (iv) does not contain any unauthorized advertising, and (v) is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
You grant to 107 North America a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that 107 North America is free to use any User Content for any purpose, including but not limited to the Site, 107 North America e-mails, social media posts, media content or promotional materials. 107 North America shall be under no obligation to preserve, or pay compensation for use of any User Content. You further grant to 107 North America the right to use your name in connection with any such User Content, but 107 North America shall not be obligated to attribute any of your User Content to you. You warrant that all User Content that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to the Site.
107 North America is and shall not be responsible for evaluating your User Content, and does not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on the Site and do not warrant its accuracy, integrity or quality. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. You hereby waive all rights to any claims against 107 North America of any type arising out of your use of the Site or any User Content that you may encounter at the Site. You acknowledge that 107 North America has the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content.Section 10 - Personal Information
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL 107 NORTH AMERICA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless 107 North America and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 – Notice
All notices permitted or required under this Terms of Service, unless specified otherwise in this Terms of Service, must be sent in writing as follows in order to be valid: (i) if to a User, by us via email to the address associated with User’s account, and (ii) if to us, by a User via email@example.com. Notices will be deemed given (a) if to a User, when emailed, and (b) if to us, on receipt by us.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).Section 18 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.Section 19 - Governing Law and Jurisdiction
Users agree that 107 North America is operated in the United States and will be deemed to be solely based in New York and a passive service for purposes of jurisdictional analysis. Users agree that any claims or grievances of any nature shall be brought exclusively in the courts of the County of New York, New York, or United States District Court for the Southern District of New York and governed by laws of the State of New York and federal law, without regard to any conflict of law provisions.Section 20 – Use Outside of the United States
107 North America expressly disclaims any representation or warranty that we comply with all applicable laws and regulations outside of the United States. If Users use the Site outside of the United States, the Users expressly understand and agree that they are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with their use of the Site.Section 21 – Survival
The following provisions will survive expiration or termination of this Terms of Service: Section 13 (Disclaimer of Warranties; Limitation of Liability), Section 14 (Indemnification), Section 15 (Notice), Section 16 (Severability), Section 17 (Termination), Section 18 (Entire Agreement), and Section 22 (Changes to Terms of Service).
Section 22 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If Users have any questions about these Terms of Service, please contact us by sending an email to firstname.lastname@example.org, or by writing to 107 North America Inc., 142 W 57th St., 06-124, New York, NY 10019.