Terms of Use.

Browson5th.com web site (later referred to as the “Site,” or “Scottsdale Brows”) is provided by NAILS ON 5TH LLC (“Scottsdale Brows”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and any rules that may be published by Scottsdale Brows. By using this site, you are deemed to have agreed to these terms and conditions of use. Scottsdale Brows may change the Terms and Conditions at any time and without actual notice to you. All such changes to these Terms and Conditions will appear on Scottsdale Brows. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use please do not use this site.

Terms and Conditions

1. You should assume that everything you see or read on the Site is copyrighted material unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Scottsdale Brows. Scottsdale Brows neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Scottsdale Brows.

2. While Scottsdale Brows uses reasonable efforts to include accurate and up to date information in the Site, Scottsdale Brows makes no warranties or representations as to its accuracy. Notwithstanding the foregoing, Scottsdale Brows assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use of and browsing in the Site are at your risk. Neither Scottsdale Brows nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Scottsdale Brows also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Scottsdale Brows or its affiliates and related entities for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Scottsdale Brows is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By communicating with Scottsdale Brows, including submitting or sending content, a contribution or other information or material to Scottsdale Brows, you grant Scottsdale Brows the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a contribution, in whole or in part, into a Scottsdale Brows feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Scottsdale Brows.

You also warrant that any “moral rights” in posted materials have been waived.

5. Images of people or places displayed on the Site are either the property of, or used with permission by, Scottsdale Brows. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Scottsdale Brows and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Scottsdale Brows or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Scottsdale Brows will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Scottsdale Brows has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

8. Although Scottsdale Brows may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Scottsdale Brows is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Scottsdale Brows will fully cooperate with any law enforcement authorities or court order requesting or directing Scottsdale Brows to disclose the identity of anyone posting any such information or materials.

9. Software from this Site is further subject to Scottsdale Brows’s Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Scottsdale Brows may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

11. The materials in Scottsdale Brows’ web sites are generally presented for the purpose of entertainment, education and promotion of Scottsdale Browss’ products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Scottsdale Brows from its offices in Arizona, United States of America. Scottsdale Brows makes no representation that materials in Glendale Brows’ site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Without limitation of the foregoing, you agree to not use the Site to:

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;

“Stalk” another;

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Harm minors in any way;

• Impersonate any person or entity, including, but not limited to, a Scottsdale Brows official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

• Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;

• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

• Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

12. Limitation of Liability

IN NO EVENT WILL GLENDALE BROWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BROW LADY OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. 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, BROW LADY LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Upon a request by Scottsdale Brows, you agree to defend, indemnify and hold Scottsdale Brows, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Scottsdale Brows reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BROW LADY in asserting any available defense.

14. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Scottsdale Brows brings to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Arizona, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Scottsdale Brows.

If you have any questions about this policy or our site in general, please contact us at scottsdale@browson5th.com.

© 2015-2016 by Brows on 5th, The Brow Lady  All Rights Reserved.