ALL IN MAKEUP

TERMS OF USE

 

User's Acknowledgment and Acceptance of Terms

All In Makeup, LLC (“All In Makeup” "us" “our” or "we") provides the All In Makeup Website and various related services, including but not limited to the ability to comment on or review products and a question-and-answer service, (collectively, the "Website") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

We may also interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/allinmakeup, www.twitter.com/aimcosmetics, and www.instagram.com/aimcosmetics ("Third Party Sites"). Our Terms of Use provide guidelines and rules and regulations in connection with our Website, including services that involve Third Party Sites, but All In Makeup does not control those Third Party Websites, and these Terms of Use, our guidelines and our rules and regulations do not apply to companies that All In Makeup does not own or control, or to the actions of people that All In Makeup does not employ or manage. Users of Third Party Sites shall be subject to the terms of use posted on those Third Party Sites.  Therefore, you should always check the terms of use posted on any third party site, including the Third Party Sites.

 

These Terms of Use are effective as of April 9, 2015. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

Online Shopping

Visitors who choose to purchase goods and/or services through our Website must be 13 years of age or older to make any such purchases.

 

Color and Other Information

We make every effort to display the images of our products as accurately as possible. However, while All In Makeup has tried to accurately display the colors of products, the actual colors, dimensions, and details that you see on your computer monitor or other device will vary depending on your equipment and may not be accurate, so we cannot guarantee that your equipment will accurately display the details of our products and services. Moreover, All In Makeup disclaims any responsibility for any inadvertent mistakes or inaccuracies in any product. Also note that all product and service descriptions, prices, and availability are subject to change at any time, without notice.  

 

Product Information

The products displayed on the Website can be ordered and delivered only within the Unites States. All prices displayed on www.allinmakeup.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Before any minor (any individual under the age of eighteen) purchases or uses any product from the Website, the minor’s legal or parental guardian should discuss the product with the minor’s doctor. (If you are a minor, you must discuss this requirement with your parent or guardian before using or purchasing any of our products.)  Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by All In Makeup. All material and information presented by All In Makeup through the Website is strictly for personal informational and educational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. Prior to purchasing or using any product from the Website, you should check the ingredients to avoid any potential allergic reactions.  IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.  Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. All In Makeup does not give or intend to give any answers to medical related questions and the Website does not replace treatment from a licensed health care provider, medical professional or medical resource. The Website does not serve or substitute in any way for any medical or health care service, and information on the Website is not provided by a physician, trained mental health or medical practitioner, nor should this be inferred from anything on the Website. Your use of any product, goods, or information from the Website does not take the place of the care provided by licensed physicians or other healthcare providers. All In Makeup makes no representations or promises of any health benefits resulting from the purchase of products from or through the Website or from the use of information provided by the Website.

 

The products available on the Website, including any samples All In Makeup may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from All In Makeup. All In Makeup reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by All In Makeup in its sole discretion.

 

You agree not to distribute in any medium any part of the Website’s information, products, or video content posted by All In Makeup without All In Makeup’s prior written authorization.

 

Code of Conduct

All In Makeup may choose to offer "community" features on this Website, such as links, message or bulletin boards, forums, and chat rooms. In such events All In Makeup will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although All In Makeup reserves the right to do so in its sole discretion. All In Makeup does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties and such content does not necessarily reflect the views of All In Makeup.

 

As to any information or content that you upload or post to this Website, you represent and warrant to All In Makeup that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website any information or content which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right, (b) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, expresses hate or is otherwise improper content, (c) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature, (d) has a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services), or (e) otherwise violates any applicable law, treaty, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). All In Makeup reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time.  All In Makeup also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that All In Makeup reasonably believes violates these Terms of Use and to deny access by any user to this Website for any reason.

 

All In Makeup does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Website. Any such third party comments, opinions or statements placed on the Website are the views and responsibility of those who post the statements, and do not necessarily represent the views of All In Makeup.

 

Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Website, including the submission of comments, product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). You understand, also, that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as our representatives or any of our sponsors or partners. The opinions that you or others post do not necessarily reflect our opinions. We will not accept Content from you unless you are a registered user of the Website.

 

We may enable you to establish an account with a username and password to access and use the Website. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

 

Use of Content on the Website and Limitation of Liability

All In Makeup is not liable for any statements, representations, or Content provided by its users in any public forum on the Website or any Third Party Site. Any Content that may be displayed is for entertainment and informational purposes only. Content posted through or on the Website or any Third Party Site is not controlled by All In Makeup. All In Makeup cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that may be offensive, indecent or objectionable and All In Makeup shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. You agree that we will not be liable, under any circumstances or in any way, for any errors or omissions, loss or damage of any kind incurred as a result of any Content or the use of any Content posted on this Website. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

 

You may access the Content and any other content on the Website only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

 

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any Content or enforce limitations on use of the Website or the Content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers. All In Makeup reserves all rights not expressly granted in and to the Content.

 

Rules Regarding Your Content Submissions

By submitting Content to the Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the Content you supply does not violate these Terms of Use. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. You agree to voluntarily waive all "moral rights" that you may have in such Content. You represent and warrant that you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website and agree to these Terms of Use. You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Website, any Content you supply to the Website, or your violation of these Terms of Use or the rights of another. 

 

All In Makeup does not endorse any Content or any opinion, recommendation or advice expressed therein, and All In Makeup disclaims all liability with respect to the Content.

 

If your Content includes ideas, suggestions, documents or proposals to All In Makeup through the Website, (a) such Content is not confidential or proprietary, and All In Makeup has no obligation of confidentiality, express or implied, with respect thereto; (b) All In Makeup may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from All In Makeup under any circumstances unless you are otherwise notified by All In Makeup in writing.

 

For any Content that you submit, you grant All In Makeup a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Website.

 

You may not use the Website to impersonate any person or entity, including, without limitation, any All In Makeup official, representative, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Website to collect or store personal data about other users.

 

Website Guidelines

When writing a product review, comment, or posing a question on the question-and-answer service, please consider the following guidelines: (a) focus on the product and your individual experience using it; (b) provide details about why you like or dislike a product; and (c) all submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.

 

As stated above, All In Makeup reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates these guidelines or the provisions in these Terms of Use regarding submission of Content generally.

 

Links by You to this Website

You may not create hyperlinks to this Website without our prior approval.

 

Links on this Website to and from Other Sites

This Website may contain links to or from third-party websites ("Linked Sites"), including, without limitation, Websites operated by advertisers, licensors, licensees, and promotional and business partners of All In Makeup. All In Makeup has no control over the content of Linked Sites or any link contained in a Linked Site, and All In Makeup does not assume any obligation to review any Linked Sites. All In Makeup does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and All In Makeup disclaims all liability, direct or indirect, in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site, and All In Makeup hereby disclaims all liability, direct or indirect, in connection therewith.

 

Third Party Content

All In Makeup may provide content of third parties ("Third Party Content") as a service to those interested in this information. All In Makeup does not monitor, approve or have any control over any Third Party Content and the inclusion of links to Third Party Content does not imply any association or relationship between All In Makeup and such third party. All In Makeup does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. All In Makeup is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk. Third Party Content, including comments from third party users submitted to All In Makeup do not necessarily reflect the views of All In Makeup.

 

Mobile Services

You may be accessing the Website from a computer, mobile phone device or other electronic or mobile device, and these Terms of Use govern your use of our Website and your conduct, regardless of the means of access. There are no current charges or fees to access the Website through your mobile phone (such as through an iPhone application). Your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

 

Modification of Content

All Content that you submit is not confidential and may be used at All In Makeup’s sole discretion. All In Makeup and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Website. All In Makeup has the right to remove any Content that All In Makeup deems, in its sole discretion, to violate our guidelines, or any other provision of these Terms of Use or is otherwise objectionable. All In Makeup does not guarantee that you will have any recourse through All In Makeup to edit or delete any Content you have submitted. All In Makeup reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Website. All In Makeup reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not All In Makeup, are responsible for the contents of any Content you submit. The Content that you submit shall not be subject to any obligation of confidence on the part of All In Makeup, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

 

Reservation of Rights

All In Makeup reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. All In Makeup may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of All In Makeup (and its employees), its users and the public.

 

Investigations; Cooperation with Law Enforcement; Termination

All In Makeup reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms of Use to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Upon any termination, you agree to discontinue your use and access of the Website and to immediately destroy all materials obtained from it.

 

Privacy and Security Measures

All In Makeup must collect certain information in order to operate this Website and to fulfill your orders, requests or enable participation in certain online activities. All In Makeup respects the privacy of its visitors, and is especially mindful of protecting the privacy of minors visiting our Websites. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Please be sure to read our Privacy Policy [Insert Link], which is available at this Website and incorporated herein by reference.

 

Disclaimers and Limitations of Liability

This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. This Website and the content, as well as any product purchased from or through the Website, are provided on an "as is" and "as available" basis, without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. All In Makeup does not warrant that this Website or the content, as well as any product purchased from or through the Website, will meet your requirements or achieve a particular result, or that your use of this Website will be uninterrupted or error-free, or that this Website, content or the server that makes them available are free of viruses or other harmful components. Moreover, All In Makeup does not represent or warrant that the content available via the Website is accurate, complete or current, and All In Makeup is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the Website. Your use of this Website and the content is at your own risk. If your use of this Website or the content contained on this Website results in your need to service or replace any property, material, equipment, data, or other item, you are solely responsible and All In Makeup will not be liable for those costs. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the generality of the foregoing, under no circumstances, including but not limited to breach of contract, tort or negligence, will All In Makeup be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with your access to, use of, any All In Makeup product, this Website or your downloading  or use of any content, materials, product data, text, images, video or audio from the Website even if advised of the possibility of such damages. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this Website to you. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall All In Makeup be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website (including, without limitation, any submitted materials). Without limiting the generality of the foregoing, in no event shall All In Makeup’s total liability to you for all damages, losses and causes of action (if any) exceed, in the aggregate, the amount, if any, paid by you to us for your use of the Website, any All In Makeup product, or for any of your activities on the Website.

 

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under Terms of Use and privacy policies that differ from All In Makeup 's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). All In Makeup hereby disclaims all liability, direct or indirect, in connection with therewith.

 

Intellectual Property Information

All products, product name, slogans, logos and related indicia, video, and any other information or content on the Website, including without limitation, the mark “All In Makeup™”, are copyright, trademarks, registered trademarks and/or intellectual property of, or for the use of, All In Makeup. All Rights Reserved. You may not use any trademark or service mark appearing on this Website without the prior written consent of the owner, and nothing contained in this Website should be construed as granting, by implication, or otherwise, any license or right to use any trademark or service mark without such prior written consent.

 

Procedure for Alleging Copyright Infringement

All In Makeup will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:

(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) the URL of the Website and a description of where the material that you claim is infringing is located on that Website;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

(vii) your electronic or physical signature.

 

All In Makeup will only receive DMCA notices by mail or e-mail at the addresses below:

By Mail: All In Makeup, LLC

P.O. Box 8390

Van Nuys, CA 91409

By E-Mail: aim@allinmakeup.com

 

All In Makeup may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and All In Makeup may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.

 

General Provisions

A. Indemnity

You agree to indemnify, defend, and hold harmless All In Makeup (which includes All In Makeup's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against All In Makeup or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your use of this Website or any content, (b) your violation of these Terms of Use, or (c) your violation of any rights of any third party.

 

B. Assignment

You agree that All In Makeup may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms of Use. These Terms of Use are personal to you may not transfer or assign it to a third party.

 

C. Revisions to this Website and these Terms of Use

At any time, without notice to you and for any or no reason, All In Makeup may, in its sole discretion, modify or discontinue any aspect of this Website, including, without limitation, any content, any activities available on this Website, and any products or services offered through this Website. All In Makeup shall in no way be held liable for any consequence which results from All In Makeup's decision to modify or discontinue providing the Website. All In Makeup may also, in its sole discretion, revise these Terms of Use by updating or revising this document, with the revised terms taking effect as of the date of its posting. Your continued use of this Website following the effective date of any such change or modification constitutes your acknowledgement and acceptance of the changed or modified Terms of Use and your agreement to abide and be bound by the changed or modified Terms of Use.

 

D. Operation of Website; Availability of Products and Services

All In Makeup controls and operates this Website from its headquarters in the United States of America, and All In Makeup makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although All In Makeup products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

 

E. Jurisdiction, Venue, and Governing Law

You agree that any action at law or in equity arising out of or relating to these Terms of Use for the Website shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.

 

F. Force Majeure

All In Makeup shall not be liable for any failure to perform in accordance with these Terms of Use which is due to an event beyond the control of All In Makeup including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen.

 

G. Miscellaneous Provisions.

If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms of Use and will not affect the validity or enforceability of the remainder of these Terms of Use. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to." you agree that any cause of action you may have arising out of or related to these Terms of Use or the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

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