Terms of Agreements & Conditions
TERMS of AGREEMENTS & CONDITIONS
Last updated December 13, 2018
AGREEMENT TO TERMS
This agreement is between you and Highclass Lashes, a Limited Liability Company registered with the State of New Jersey, having an address of 572 Valley Rd #43442, Montclair, NJ 07043 (“Highclass Lashes”) regarding terms of agreements as to the providing of training by Highclass Lashes in the business of beauty services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes.
It is your responsibility to make sure you are following the laws in regards to all things eyelash extensions, including but not limiting to: application, practicing, regulations, licensing, certification, etc. Highclass Lashes cannot be held liable
These Terms of Agreements and your use of the Class are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the the State of New Jersey, without regard to its conflict of law principles.
TERM AND TERMINATION
If we terminate or suspend you for any reason, you are prohibited from re-registering. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You may not attend the class for any purpose other than that for which we make the class available. The class may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a student of this class, you agree not to:
1. Systematically retrieve data or other content from the Class to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Use the Class to advertise or offer to sell goods and services.
- Use the Class as part of any effort to compete with us or otherwise use the Class and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Class.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing help or services to you.
6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Class.
- Use the Class in a manner inconsistent with any applicable laws or regulations.
Classes are completely nonrefundable but possible to be rescheduled.
Rescheduling: You are allowed to reschedule a training session any time, however under the following conditions:
- Any training session rescheduled 14-days or more before the scheduled training will be honored with a one-time free reschedule. After that, there will be $250 (two hundred fifty dollar) reschedule fee imposed.
- A $250 (two hundred fifty dollar) rescheduling fee will be imposed for any class rescheduled between 48 hours and 14 days before the scheduled training.
- A $400 (four hundred dollar) rescheduling fee will be imposed for any class rescheduled within 48 hours of the scheduled training. There is no rescheduling fee contemplated for any no show, in which case you forfeit all money paid to Highclass Lashes. And agree to waive any claim for reimbursement and/or refund otherwise.
AGREEMENT TO PAY
You may enter into a payment plan with Highclass Lashes in order to reserve your space to a training session or sessions. A full deposit is due on day of enrollment. Failure to pay balance will result in legal repercussion.
INTELLECTUAL PROPERTY RIGHTS
Highclass Lashes owns the copyright for all training materials and literature that you will be supplied in the course of the training contemplated by this agreement. Highclass Lashes owns trade secret rights to a method of applying, styling, maintaining, removing, and repairing artificial and false eyelashes. It is up to the sole discretion of Highclass Lashes if it shall disclose trade secrets to you. In the course of your training however, should you be disclosed trade secrets, you agree to maintain and keep trades a secret. That by entering this agreement you agree not to use or challenge the Intellectual Property rights disclosed herein and that you agree to not copy or disseminate any copyrighted materials or reveal trade secrets with regards to those you become privy to as a result of training received from Highclass Lashes as subject to this agreement.
The information provided in the class is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to attend this class do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise indicated, no part of the class and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Class, the Content and the Marks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Class (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
OBLIGATIONS BY HIGHCLASS LASHES
This class is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to attend this class unless given exclusive permission by an authorized representative of Highclass Lashes. Highclass Lashes will provide training and course work in helping you generally understand the business of beauty services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes. Highclass Lashes will provide you with training based on the general industry standard in this regard. It is contemplated in this agreement that Highclass Lashes will reveal proprietary information that shall enhance a final product provide you learn and implement the training as strictly provided by Highclass Lashes. Highclass Lashes makes no guarantee or promise that you will be capable of being able to independently carry out services contemplated within the training.
Your actual revenue may be different and will vary based on many things, including your skill level, location, market rates, and demand in your area, mix of new clients or be returning clients and the number of hours you work.
WAIVER OF LIABILITY
You understand that the training services contemplates herein include manual maneuvering about the face of a person, particular to the eyes, and include the use of chemicals and substances that may be hazardous to your health or the health of the individual you will be working on, or agree to have work on you. You understand that by accepting and participating in training, it will require you to be hands on with another person, and you likewise agree to allow another person to be hands on with you for the same purpose of learning how to provide eye lash extensions about the eye. Highclass lashes will provide supplies needed for training, however it should not be expected or anticipated that you will be providing to another participant or receiving from another participant a complete and or competent eye lash extension application in regards to any partial or full training session. The only products and tools you will be allowed to use are those provide to you by Highclass Lashes. It is your responsibility to make sure you and or the other person you will be working on will not have any negative side-effects upon administering or using the potentially hazardous substances, such as allergies. It is your responsibility that the person you work with is not allergic to any product used and or that the individual you work on is capable otherwise of not experiencing any medical emergency due to known issues such as epilepsy or other illness or condition that would otherwise prevent the person from maintaining stability during a lash procedure. You agree that prior to using any product or tool provide to you in the course of training that you have fully-investigated all ingredients and confirm that you and the person you are working with have no potentially hazardous side-effects that would be cause based on normal administering or use of the chemicals and substances. Furthermore, you have the duty to make sure you are competent to administer chemicals near or about someone eye, with sufficient precision that you will not cause injury. Should there be an issue, whereby you or someone else becomes involved in a situation, during the course of training, you must immediately report it to Highclass Lashes. If you do not volunteer to be worked on by another participant during the course of any training session, for any reason not limited to you not being able to have eye lash extensions applied to you, have allergies, are unwilling or have any reason otherwise, then you must either provide a live person in your place to participate on your behalf, who must have prior written approval by Highclass Lashes.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Class at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Class. We also reserve the right to modify or discontinue all or part of the Class without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Class.
We cannot guarantee the Class will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Class, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Class at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
At any point in time, Highclass Lashes may dismiss you from any of its training at any time for any reason. You will be entitled to a partial refund from Highclass Lashes of a proportion of fees you paid to Highclass Lashes for training. Not costs incurred from third parties or for supplies provided to you from Highclass Lashes are refundable. A refund is only entitled to you if the dismissal was not based on your breach of any term provided herein. Should a disagreement or breach arise at any time subject to the terms of this agreement, you hereby agree that this agreement shall constitute a sufficient showing of consent that you agree to be subject to an injunction by any competent court to immediately stop violating any portion of this agreement until such time as a final judgment may be entered. You agree that the choice of law should be the State of New Jersey and venue should be in New Jersey within 50 miles of zip code 07043. Provided that any dispute arises, you further agree to binding arbitration as directed by a competent court or as agreed to by the parties.
We reserve the right, but not the obligation, to: (1) monitor you for violations of these Terms of Agreements; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Agreements, including without limitation, reporting such user to law enforcement authorities.
In the event Highclass Lashes is prevented from performing an obligation contemplated under this agreement, as a result of any event beyond its reasonable control, you agree to excuse Highclass Lashes from its inability to perform and will accept a rescheduling within 60 days as a reasonable. If Highclass Lashes is unable to reschedule any training session within 60 days, then you are entitled to a full refund for any training services paid, not including any costs for supplies, travel, lodging or other costs and or fees incurred or agreed to by and between you and a third party.
You may not take legal action against Highclass Lashes for any reason at anytime.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, NJ. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Class be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Class that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Class at any time, without prior notice.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE CLASS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Class; (2) breach of these Terms of Agreements; (3) any breach of your representations and warranties set forth in these Terms of Agreements; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Class with whom you connected via the Class. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms of Agreements and any policies or operating rules posted by us on the Class or in respect to the Class constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Agreements shall not operate as a waiver of such right or provision. These Terms of Agreements operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Agreements is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Agreements and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Agreements or use of the Class.
In order to resolve a complaint regarding the Class or to receive further information regarding use of the Class, please contact us at:
572 Valley Rd #43442
Montclair, NJ 07043