Terms & Conditions ("Terms")

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Interpretation

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The words in which the initial letter is capitalized have meanings defined under the following conditions: The following definitions must have the same meaning whether they are written in the singular or plural.

 

Definitions

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For these terms and conditions:

·Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

·     Country refers to: Florida, United States

·    Company (referred to as either “BBIB”, "the Organization", "We", "Us" or "Our" in this Agreement) refers to Breaking Barriers in Beauty Foundation, Inc. P.O. Box 880474, Port Saint Lucie, Florida 34988.

·     Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

·    Service refers to the Website.

·     Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Organization regarding the use of the service and products. These terms govern the use of BBIB's website and constitute a contract between you and BBIB. If you do not agree to accept the terms in their entirety, please discontinue the use of the website immediately.

·     Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

·     Websites refers to Breaking Barriers in Beauty Foundation Inc. accessible from www.bbibfoundation.org

·     "You" and "the Customer" mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

·      If you are under the age of 18, your parents must review and accept these terms before you use this site for any reason. This site is not directed to children under the age of 13.

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Digital Products

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The digital products, whether modified or not, and all intellectual property and copyright contained therein are and shall at all times remain BBIB’s sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product. Your purchase of any of BBIB’s digital products constitutes our granting to you a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and to print or convert the product to an image or vector format for your own storage, retention, and reference (the "purpose"). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, resell, sublicense, rent out, share, or otherwise distribute any of our digital products, whether modified or not, to any third party. You agree not to use any of our digital products in a way that might be detrimental to us or damage our reputation. 

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FDA Disclaimer

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Information provided about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site, product labeling or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before taking any medication or supplements, especially if you are pregnant or if you have or suspect you might have a health problem.

 

Responsibility of Contributors

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If you contribute to the blog, comment on the blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
·    the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
·    if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
·    you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
·    the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
·    the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
·    the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
·    your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
·    your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
·    you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BBIB or otherwise.

By submitting Content to BBIB for inclusion on the website, you grant BBIB a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, BBIB will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, BBIB has the right (though not the obligation) to, in BBIB sole discretion (i) refuse or remove any content that, in BBIB reasonable opinion, violates any BBIB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BBIB sole discretion. BBIB will have no obligation to provide a refund of any amounts previously paid.

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Responsibility of  Website Visitors

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BBIB has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BBIB does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BBIB disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites. 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BBIB website links, and that link to BBIB website. BBIB does not have any control over these websites and webpages and is not responsible for their contents or their use. By linking to a non-BBIB website or webpage, BBIB does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BBIB disclaims any responsibility for any harm resulting from your use of non-BBIB websites and webpages.

 

Copyright Infringement and DMCA Policy

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As BBIB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BBIB Website violates your copyright, you are encouraged to notify us.

 

Digital Millennium Copyright Act (“DMCA”) Policy

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BBIB will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BBIB will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BBIB or others. In the case of such termination, BBIB will have no obligation to provide a refund of any amounts previously paid to BBIB.

Intellectual Property

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This agreement does not transfer from BBIB to you. Any BBIB or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with BBIB. BBIB website, logo, and all other trademarks, digital products, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of BBIB. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BBIB or third-party trademarks.

 

Changes

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BBIB reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BBIB may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

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Termination

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BBIB may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BBIB Website account (if you have one), you may simply discontinue using the Website. BBIB can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

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Disclaimer of Warranties

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BBIB Website and products are provided “as is” and "as available, as well as your use of this website. BBIB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BBIB nor its suppliers and licensors, makes any warranty that the website or products will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain products or services through, the Website at your own discretion and risk.

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Limitation of Liability

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Commercial use of any formulation generated or purchased on or from BBIB websites is not the responsibility of BBIB, its employees, shareholders, or subsidiaries. It is a condition of use of BBIB websites and methods that the user holds full responsibility for ensuring safe and correct use and storage of any materials they source and use, as well as compliance with local regulations and good manufacturing process (GMP) steps are followed during production. Any information provided is of a general nature and does not represent brand- or product-specific advice. BBIB shall not be responsible for any damages resulting from the use of or reliance on this information. Evaluations of the safety, stability, regulatory compliance, and suitability of all formulas generated, methods, and finished products are the sole responsibility of the user. Please refer to the Safety Data Sheets (SDS) of all ingredients used to ensure the safe handling of all raw materials. BBIB holds no responsibility for inappropriate use of the materials selected, the formulation, or the method, in part or as a whole. In no event will BBIB or its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to BBIB under this agreement during the twelve (12) month period prior to the cause of action; BBIB shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. ​

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General Representation and Warranty

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You represent and warrant that (i) your use of the Website will be in strict accordance with the BBIB privacy policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

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Indemnification

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You agree to indemnify and hold harmless BBIB, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

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Miscellaneous

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This Agreement constitutes the entire agreement between BBIB and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BBIB, or by the posting by BBIB of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Lucie County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with BBIB chosen arbitration company, by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in St. Lucie County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BBIB may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any questions about these Terms of Use or your rights or BBIB obligations relating to any of the online services, please email us at contact@bbibfoundation.org, or bbibfoundation@gmail.com you may contact us by postal mail at:

 

Breaking Barriers in Beauty Foundation, Inc.

PO Box 880474

Port Saint Lucie, Florida, 34988