Terms of Use

General

Thank you for visiting our Website.

 

BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, OR BY PLACING ANY ORDER, OR MAKING OR CONTRACTING FOR A PURCHASE, OR MAKING ANY INQUIRY WITH RESPECT TO MERCHANDISE DISPLAYED ON THIS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS AND CONDITIONS BELOW AND THE TERMS OF OUR PRIVACY POLICY (AT TIMES, COLLECTIVELY, “TERMS”).  PLEASE READ THEM CAREFULLY.  THESE TERMS MAY BE UPDATED OR CHANGED AT ANY TIME WITHOUT NOTICE OTHER THAN POSTING ON THIS WEBSITE.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PLACE AN ORDER OR MAKE A PURCHASE OR OTHERWISE ACCESS OR USE THIS WEBSITE.  YOUR USE OF THIS WEBSITE IN ANY WAY OR FOR ANY PURPOSE CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND PRIVACY POLICY SET FORTH ON THIS WEBSITE AND THAT YOU AGREE TO BE BOUND BY THEM.  IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS, PLEASE CONTACT US.

LAST UPDATED:  APRIL 8, 2016

Parties and Contact Information

In these Terms, “Website” refers to bhuebeauty.com; the words “we”, “us”, and “our” refer to B Hue, Inc., Caret Corporation a Delaware for-profit corporation, (also known as B HÜE), and any parent, subsidiary, division or other affiliated entity or business, together with their shareholders or other equity holders, directors, officers, employees, agents, principals, independent contractors, successors, and assigns; and the words “you”, “your”, and “user” refer to all individuals and/or entities accessing or using the Website or ordering or purchasing products from us, together with your agents, heirs, successors, and assigns.  We may be contacted as follows:

B HÜE

Mail:  101 E. Main St. Little Falls, NJ –  BLDG12/Suite1202
Phone:  973-423-5999
Email:  Contact
Web:  www.bhuebeauty.com

 

General Usage Rules and Limited License

Our website is owned, operated and maintained by B Hue Inc. and Caret Corporation.  You agree to use the Website in good faith and in compliance with all applicable laws.  You agree not to disrupt, modify, or interfere with us, our Website, online store, or servers, or any third-party to which these services are outsourced, in any way, and you agree not to impede or interfere with others’ use of the Website.  You further agree not to alter or tamper with any information or materials on or associated with the Website.  Other than connecting to our servers (or the servers of our Internet service provider), you may not attempt to gain access to such servers by any means or access the Website by any means other than through the standard interface(s) that is provided by us for use in accessing the Website.

If you are thirteen (13) years of age or older and in a jurisdiction where the Website complies with all local laws, we grant you a personal, exclusive, non-transferable, limited, and revocable license to use the Website at your own expense, subject to these Terms.  You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes use by minors under the age of thirteen (13) and unauthorized copying or distribution of any of the content displayed or used on the Website or creating an authorized derivative work.

To the extent that we provide any content from third parties (including but not limited to advice or suggestions) on this Website or any blog, this content is provided for informational purposes only and we cannot and do not investigate the legitimacy, validity, accuracy or legality of the information provided or items referenced; and we expressly disclaim any responsibility or liability arising out of or relating to any third-party content contained or referenced on this Website or any blog.

Intellectual Property

You acknowledge and agree that the Website and the information, content, and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, trade names, trade dress, and patents, and security components that protect digital information.  Except as authorized by us in writing, you agree not to sell, rewrite, copy, replicate, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part.  We reserve all of the other rights not granted in these Terms.  You agree not to access the Website by any means other than through the standard interface(s) that is provided by us for use in accessing the Website.

Information Provided By You

We welcome your comments, thoughts and feedback with respect to our Website and products.  All communications made by you to us are non-confident, unless otherwise designated by us as such.  We reserve the right to use any ideas or concepts submitted, irrevocably and perpetually, without payment of any kind whatsoever.  All comments, feedback, suggestions, and suggestions become our property.  Please refer to our Privacy Policy for more information about how we may use information provided to us by you.  Additionally, you acknowledge that you have full responsibility for any submission that you make, including its legality, reliability, appropriateness, originality and compliance with all applicable copyright and trademark laws and other law.  We take no responsibility and assume no liability for any submissions that you make.

You can create a user account on this Website which allows you to access and to use certain of the functions and features of this Website.  You acknowledge and agree that the user identification chosen by you for access and utilization of the Site (“Username”) and the password selected by and used by you in conjunction with the respective Username (the “Password”) are to be kept secure, secret and confidential.  We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized this Website.

BY PROVIDING YOUR MOBILE NUMBER AND CLICKING, “I CONSENT,” YOU CONSENT TO RECEIVE MOBILE TEXT ALERTS REGARDING OFFERS AND PROMOTIONS FROM US.  YOU MAY RECEIVE UP TO 5 TEXT MESSAGES PER MONTH.  You understand that you do not have to sign up for our texting program in order to make any purchases, and your consent to participate is not a condition of making any purchase.  By signing up for our texting program, you are confirming that you are over the age of thirteen (13).  You understand that if we send mobile text messages to you, we may be using automated technology.  Additionally, you understand that any costs associated with your participation in the texting program will not be borne by us.  Message and data rates may apply.  Send STOP to _____________ the text sent to cancel texting; text HELP to ________ for information or assistance.  For more information, by contact us.

Prohibited Conduct

You agree to use this Website only for lawful purposes.  Any conduct which, in our sole discretion, restricts or interferes with the use or enjoyment of this Website by another person will not be permitted.  You are prohibited from posting on, or transmitting through, this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, sexually explicit, discriminatory or other objectionable content of any kind, including but not limited any material that violates local, state, national or international law, or which may give rise to criminal or civil liabilities.  You agree not to impersonate any other person – actual or fictional – including but not limited to any person from, or using, this Website. 

Disclaimer of Website Warranties

WE PROVIDE THE WEBSITE “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”.  WE MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.  WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS.  WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE.  THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS OF LOST PROFITS, LOST or STOLEN DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OF MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. 

NOTE:  YOU SHOULD CONSIDER YOUR RIGHTS UNDER LOCAL LAW, TO THE EXTENT APPLICABLE.  YOU MAY HAVE DIFFERENT OR ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAW WHICH THESE TERMS AND CONDITIONS CANNOT (AND DO NOT) CHANGE, RESTRICT OR LIMIT.  ADDITIONALLY, 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 IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN THE EVENT THAT THESE LIMITATIONS ARE INEFFECTIVE IN WHOLE OR PART, OUR LIABILITY IN ALL INSTANCES SHALL BE LIMITED TO THE GREATER OF (A) ONE U.S. DOLLAR OR (B) THE AMOUNT OF THE SUBJECT TRANSACTION(S), OR (C) THE MAXIMUM LIMITATION OF LIABILITY ALLOWABLE UNDER APPLICABLE LAW.

If you are having difficulty with the Website, please contact us.

Links

You acknowledge that we have not reviewed the content of all sites linked to or from our Website, and we are not responsible for the content or operation of any of those sites and do not take responsibility for them or endorse them.

Copyright Policy

If you believe that any materials accessible on or from this Website infringe your copyright, trademark, or other legal rights, you may request removal of those materials (or access thereto) by contacting us.

Termination

You agree that we may, without prior notice, discontinue or modify, temporarily or permanently, the Website or any part thereof.  We may additionally terminate your right to access the Website when, in its sole discretion, you have violated or threatened to violate these Terms or to otherwise disrupt or threaten the Website, us, or our suppliers or customers.

Product Information

We work diligently to be as accurate and thorough as possible when describing our products on our website for both written and image quality.  Selling remotely is not a perfect process, and at times our customers will encounter errors.  There may be variation in product description, packaging, and color which should have minimal impact on the efficacy, formulation, and nature of our products.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website, catalogs, or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order).  If you encounter slight variances or other issues and would like to inform us of your discovery, please contact us, as we wish to maintain an accurate and helpful site.

Disclaimer of Website and Product Warranties

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THIS WEBSITE OR THE PRODUCTS SOLD ON THE WEBSITE.  THE WEBSITE CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND – WHETHER EXPRESS OR IMPLIED – WITH RESPECT TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS REFERENCED OR SOLD ON THIS WEBSITE TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE AND TRADE THAT THE MERCHANDISE IS MERCHANTABLE, OF SATISFACTORY QUALITY, VALUE, ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED.  WE DO NOT GUARANTEE THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE ANY ADDITIONAL WARRANTY.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR TORT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THEM.  THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS OF LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER ECONOMIC OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SUPPLIERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ASSOCIATED WITH ANY ACT OR OMISSION BY US.

NOTE:  YOU SHOULD CONSIDER YOUR RIGHTS UNDER LOCAL LAW, TO THE EXTENT APPLICABLE. YOU MAY HAVE DIFFERENT OR ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAW WHICH THESE TERMS AND CONDITIONS CANNOT (AND DO NOT) CHANGE, RESTRICT OR LIMIT. ADDITIONALLY, 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 IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN THE EVENT THAT THESE LIMITATIONS ARE INEFFECTIVE IN WHOLE OR PART, OUR LIABILITY IN ALL INSTANCES SHALL BE LIMITED TO THE GREATER OF (A) ONE U.S. DOLLAR OR (B) THE AMOUNT OF THE SUBJECT TRANSACTION(S), OR (C) THE MAXIMUM LIMITATION OF LIABILITY ALLOWABLE UNDER APPLICABLE LAW.

Interpretation

These Terms shall be interpreted in accordance with the laws of the State of New Jersey and of the United States of America, -  (to the extent applicable), without reference to choice of law provisions. The headings in these Terms are for convenient referenceonly, and are not to be used in interpreting these Terms.  If any provision of these Terms shall be deemed to be illegal or unenforceable, to the maximum extent permissible under applicable law, such provision shall be deemed stricken from these Terms and the remaining provisions shall remain in full force and effect.  These Terms represent the entire understanding of the parties with respect to its subject matter and supersede all prior agreements and understandings between them with respect to its subject matter.  No terms, conditions, prior course of dealings, course of performance, usage of trade, understandings, purchase orders, or agreement purporting to modify, vary, supplement, or explain any provision of these Terms shall be effective unless in writing and signed by representatives of both parties authorized to amend these Terms.

Dispute Resolution, Jurisdiction, and Choice of Law

Any dispute concerning these Terms, the Website, any purchase of products from us, our products, services, advertising, copyrights, or trademarks, or any other dispute between you and us shall be resolved in small claims court in the State of New Jersey (if within the then applicable small claims court jurisdictional limits and if equitable relief is not sought), and otherwise by binding arbitration in the State of New Jersey before a single arbitrator selected by the parties from the then-current list of mediators approved by the United States District Court for the District of New Jersey.  Any such arbitration shall be conducted in accordance with the then-current Rules of Commercial Arbitration of the American Arbitration Association.  Any appeal from a small claims court decision shall be to binding arbitration as specified herein only and the matter(s) shall then be reviewed de novo.  You hereby irrevocably and unconditionally consent to this jurisdiction and venue and further agree that the laws of New Jersey and of the United States shall apply to any such or small claims court or arbitration proceeding (except conflict of law provisions).  Except as otherwise required by law, the party initiating the proceeding shall initially pay for the costs of suit or arbitration (including any filing fees and the fees and costs of the arbitrator), and each party shall initially bear its own attorneys’ fees and costs; however, the parties irrevocably covenant and agree that they shall request at the outset that the court or arbitrator determine the prevailing party and award costs and attorneys’ fees to the prevailing party at the conclusion of the case or arbitration, in accordance with these Terms.

Dispute Resolution, Jurisdiction, and Choice of Law

Any dispute concerning these Terms, the Website, any purchase of products from us, our products, services, advertising, copyrights, or trademarks, or any other dispute between you and us shall be resolved in state or federal courts located in the State of Delaware. You hereby irrevocably and unconditionally consent to this jurisdiction and venue and further agree that the laws of Delaware and of the United States shall apply to any such or small claims court or arbitration proceeding (except conflict of law provisions).  Except as otherwise required by applicable law, the party initiating the proceeding shall pay for the costs of suit, and each party shall bear its own attorneys’ fees and costs.

Accessibility

Although we cannot guarantee that the features and functions of this Website will be fully accessible by all people with disabilities, we are committed to making your B HÜE shopping experience available to all of our customers, including those with disabilities.  We have conceived of this Website with accessibility in mind.  If you notice any feature or functionality of this Website that is not accessible to persons with disabilities, please contact us.  We value your input and will consider it as we strive to accommodate all of our customers and enhance accessibility of our Website.

Treatment of Sales Tax

We are currently required by law to charge applicable sales tax on products shipped to those states or jurisdictions that levy such a tax and in which we have a physical location.  We currently have a physical location in the State of New Jersey.  In certain states, we are also required to charge tax on shipping charges.  To the extent that we sell gift certificates, we do not collect sales tax on their sale, as the appropriate sales tax will be charged on the purchase when the gift certificate is redeemed.