TERMS AND CONDITIONS

OVERVIEW

THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

The website www.hairodm.com (the “Site”) is a division of, and is operated by HODM Cosmetics, Inc. (hereafter “HODM Cosmetics”). Throughout the Site, the terms “we,” “us” and “our” refer to HODM Cosmetics. HODM Cosmetics 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, purchasing something from us, and/or engaging us to design your formulations, labeling, packaging, or marketing materials, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Site and before engaging our Services. By accessing or using any part of the Site and/or engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Site or engage our Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions of our Services.

Any new features, products, tools, or services which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. Any changes to these Terms and Conditions will be in effect as of the “Last Modification Date” referenced below.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or engaging our Services following the posting of any changes constitutes acceptance of those changes.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

SECTION 1 – INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HODM Cosmetics, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws.

Except where noted, all trademarks, service marks, logos, product and service names, designs, slogans and trade names of HODM Cosmetics used in the Site are trademarks or registered trademarks of HODM Cosmetics or its affiliates or licensors. You must not use such marks without the express written permission of HODM Cosmetics. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

SECTION 2 – TERMS

By using our Site or engaging our Services you agree to these Terms and Conditions, you represent and warrant that you are of legal age to form a binding contract 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. If you do not meet these requirements, you must not access, use the Site, or engage our Services.

You may use the Site only for lawful purposes in accordance with these Terms and Conditions. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate HODM Cosmetics, a HODM Cosmetics employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.
  • To submit false or misleading information.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm HODM Cosmetics or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Introduce any worms, viruses, trojan horses, logic bombs or any code of a destructive nature.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

HODM Cosmetics also expressly prohibits harassment in any manner or form on the Site, including via e-mail, comments, or by use of obscene or abusive language. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

You also are prohibited from engaging our Services to carry out any illegal or unauthorized purposes, nor may you, in the use of our Services, violate any laws in your jurisdiction. You agree that you will not engage our Services in a manner that violates any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that content you provide to us (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 our Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.

SECTION 4 – ORDER ACCEPTANCE AND CANCELLATION

You agree that your order of any of our Services is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or provide the Services to you. We may choose not to accept orders at our sole discretion, even after we send a confirmation email to you with your order number and details of the items you have ordered. We may, in our sole discretion, limit or cancel quantities purchased per person, per address, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases. 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.

SECTION 5 – 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 Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 6 – PRICES AND PAYMENT TERMS

HODM Cosmetics continuously works to offer competitive prices for all its products and Services. All prices, discounts, and promotions posted on this Site and any of our linked or related sites are subject to change without notice. The price charged for a product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged to you for our products and Services will be clearly stated in an invoice sent directly to the email address you have provided us. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. Charges for shipping and handling will be billed after the order has shipped. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. For certain creative processes offered by HODM Cosmetics, we require an initial deposit to be paid by you before we provide our Services. We accept credit cards, PayPal, and e-checks through our online payment system for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

We reserve the right at any time to modify or discontinue our offered Services (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 our Services.

SECTION 7 – SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS

We will arrange for shipment of the products to you. Shipping charges will be billed by us after we have shipped your ordered products. Shipping charges will vary depending on the size of the shipment, the speed of the shipment, and the carrier used to ship your order. For smaller orders (typically 35 cases or fewer) we use FedEx Ground to ship your order.  For larger palletized shipments we use R&L Couriers.  HODM Cosmetics reserves the right to change the means and methods of shipping your ordered products at its sole discretion.

Unless otherwise required by law, title and risk of loss pass to you upon delivery of the product to the address you provide to us when you place your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

SECTION 8 – ESTIMATED PERFORMANCE AND DELIVERY DATES

This Site contains estimated timeframes and dates for completion of our products and Services. Only upon a specific request from you will we provide delivery estimates. All projected completion dates and delivery dates are estimates unless a fixed date for the transaction has been expressly agreed to by us in writing. No projected completion date or delivery dated stated on the Site should be construed as a promise to perform, complete, or deliver any products or Services within a specific timeframe.

SECTION 9 – RETURNS AND REFUNDS

Because our products and Services are tailored to your specific designs and customizations, all products and Services purchased from us are sold as a final sale and are not returnable unless the contents or packaging are determined to be defective upon receipt. If you cancel an order after we have completed our personalized package design, but before we begin the mechanical art stage,  you agree to forfeit to HODM Cosmetics 50% of your deposit, whichever is less. If you cancel your order after we have begun creating mechanical art designs, you agree to forfeit your entire deposit to HODM Cosmetics. Under no circumstances will HODM Cosmetics accept returns initiated by your clients. All returns requested by your clients shall be handled under your product return policy at your own discretion.

SECTION 10 – FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

SECTION 11 – 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 and Conditions.

SECTION 12 – THIRD-PARTY INFORMATION AND LINKS

Some of the information, content, products, and services available via our Services are supplied by independent third parties. HODM Cosmetics makes no warranty as to the accuracy of any such information and hereby disclaims all liability for any third-party supplied information.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. The links are only provided as a convenience and HODM Cosmetics does not endorse or recommend any products or services offered by or information contained in any of these third-party sites. HODM Cosmetics hereby disclaims all liability for all information, materials, products, or services posted, offered, or that may be accessed at any of the third-party sites linked to this Site. HODM Cosmetics makes no representation regarding the quality of any product or service contained at any such third-party site. Furthermore, HODM Cosmetics hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Nonetheless, HODM Cosmetics seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions 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 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 is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

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 our Services or any related website. You may not use a false email 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 sent or posted by you or any third-party.

SECTION 14 – PERSONAL INFORMATION

Your submission of personal information through the Site, and your engagement of our Services is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 15 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, projected dates of completion, delivery estimates, 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged for the purchase and your order is cancelled, HODM Cosmetics shall issue a credit to your credit card account in the amount of the incorrect price.

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, projected dates of completion, and delivery estimates, except as required by law. No specified update or refresh update applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 16 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from engaging our Services will be accurate or reliable. You agree that from time to time we may discontinue, suspend, or remove our Services for indefinite periods of time or cancel our Services at any time, without prior notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS OBLGATIONS TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

In no event shall HODM Cosmetics, its directors, officers, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including, without limitation lost profits, lost revenue, diminution in value, 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 our Site or engaging our Services, or for any other claim related in any way to your use of our Services 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services, regardless of (A) whether such damages were foreseeable, (B) whether or not we were advised of the possibility of such damages; and (C) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and Services you have ordered.

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 18 – INDEMNIFICATION

You agree to defend and hold harmless HODM Cosmetics and our parent, subsidiaries, affiliates, partners, officers, shareholders, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, actions, suits, proceedings, and demands arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (including claims brought for copyright infringement, trademark infringement, negligence, or wrongful conduct) by you or any other person accessing the Site using your internet account. You further agree to indemnify HODM Cosmetics for all reasonable attorneys’ fees incurred and damages and other costs finally awarded against HODM Cosmetics in connection with or as a result of, and for amounts paid by HODM Cosmetics under a settlement you approve of in connection with a claim against us. We will provide you with prompt written notice of any claim against us and we shall defend the claim or permit you to defend the claim, at our option. This section shall survive the termination of these Terms and Conditions.

SECTION 19– SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate the Terms and Conditions at any time without prior 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).

HODM Cosmetics may deliver notice to you by means of email, a general notice on the Site, or by other reliable method to the address you have provided to HODM Cosmetics.

These terms and conditions, or any part of them, may be terminated by HODM Cosmetics without notice at any time, for any reason. The provisions relating to intellectual property rights, returns and refunds, disclaimer of warranties, limitation of liability, indemnification, governing law and choice of venue, recovery of attorneys’ fees, and binding arbitration, shall survive any termination.

SECTION 21 – GOVERNING LAW AND CHOICE OF VENUE

All matters arising out of these Terms and Conditions and any separate agreements whereby we provide you products or Services are governed by and construed in accordance with the internal laws of the State of California in the United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. You also agree that any claim or dispute you may have against HODM Cosmetics must be resolved by a court exclusively located in Orange County, California, except as otherwise agreed by the parties or as described in the arbitration provision below. You agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purposes of litigating all such claims or disputes.

SECTION 22 – BINDING ARBITRATION

YOU AND HODM Cosmetics ARE VOLUNTARILY AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US, ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Arbitration Rules”) at its Orange County office.  (The Arbitration Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/).  The arbitrator shall issue a written award to allow for adequate judicial review and judgment and the award may be entered in any court having jurisdiction.  You and HODM Cosmetics shall each bear their own costs for legal representation and witness fees.  Both you and HODM Cosmetics shall be entitled to meaningful discovery of essential documents and witnesses, as determined by the arbitrator in accordance with the Arbitration Rules.

All issues and questions concerning the construction, validity, enforcement, and interpretation of this agreement to arbitrate shall be governed by, and construed in accordance with the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. and federal law, without giving effect to any conflict of law.  You consent to personal jurisdiction in the state and federal courts of the State of California and agree that any and all claims brought to enforce this agreement to arbitrate shall be brought either in the state or federal courts of California.

You understand that you are voluntarily waiving your right to a jury trial.  You agree that you are voluntarily waiving the right to bring, or to participate in, a class action or collective action (collectively a “Class Action”) against HODM Cosmetics, whether filed in a court of law or in arbitration (the “Class Action Waiver”).  If the Class Action Waiver is found to be unenforceable, you agree that a court of law, and not arbitration, is the only forum for a class action or collective action. In the event of a dispute, the court, and not an arbitrator, shall decide all issues pertaining to the interpretation and applicability of this Agreement, including but not limited to the gateway issues of arbitrability of claims, including class and representative claims, unless applicable state law requires otherwise.

If any provision of this agreement to arbitrate is deemed invalid or unenforceable, such provision shall be limited to the extent necessary to render it valid and enforceable and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

SECTION 23 – ATTORNEYS’ FEES

In the event that you violate any provision of these Terms and Conditions, HODM Cosmetics shall be entitled, in addition to any and all other relief granted by a court, arbitrator, or other tribunal body, as may be appropriate, that sum of money which represents the attorneys’ fees and all costs incurred by it in negotiation of a settlement, litigation and/or arbitration or otherwise instituting and prosecuting or otherwise pursuing an action or proceeding.

SECTION 24 –ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.

SECTION 25 – NO WAIVERS

The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HODM Cosmetics.

SECTION 26 – NO THIRD-PARTY BENEFICIARIES

These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person or entity other than you.

SECTION 27 – NOTICES

To You. We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms and Conditions, you must contact us as follows: (i) by email to admin@hairodm.com; or (ii) by personal delivery, overnight courier or registered or certified mail to HODM Cosmetics at RM B1402, B1404, B1416, Jia Da Plaza, No. 88, Kong gang Road, Baiyun district, Guangzhou, 510032, Guangdong, China. We may update the email address or postal address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

SECTION 28 – ENTIRE AGREEMENT

Our order confirmation, these Terms and Conditions, our Privacy Policy, and any invoices sent by us will be deemed the final and integrated agreement between you and us and governs your use of our Services, 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 29 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 30 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at admin@hairodm.com.

Last Modification Date: October 1, 2023