Terms and Conditions.

OVERVIEW

Effective Date:  April 23, 2021

This website is operated by Curl Ministry™, LLC and the web page represents a legal document and is the Terms and Conditions (“Terms”) for our website CurlMinistryproducts.com (“Website”). Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Squarespace, Inc. They provide us with an online e-commerce platform which allows us to sell our products and services to you.

SECTION - 1 - DEFINITIONS

The terms “we”, “us”, and “our” refer to Curl Ministry™, LLC.  The term “Site” refers to CurlMinistryproducts.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site. 

All text, information, graphics, design, photos, images, materials, documents, data, and intellectual property accessible on or offered through our Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws.  On the Site, we provide hair care products (“the “Service”).

Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following terms. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.

SECTION - 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any malware, worms, or viruses, or any code of a destructive nature.

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

SECTION - 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Our product prices are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (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 the Service.

SECTION - 4  - PRODUCTS OR SERVICES

All products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change, at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION - 5 - INTELLECTUAL PROPERTY RIGHTS

The Site, products, and/or services contain intellectual property owned by Curl Ministry™, LLC, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Curl Ministry™, LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Website, products, or services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Curl Ministry™, LLC.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Product, Service, Content, or intellectual property, in whole or in part without our prior written consent.  We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to enjoy the content of our website and/or service for your personal, non-commercial use. 

You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark, and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws.  Copying, redistribution, use, or publication for commercial use by you of any such Content is a violation of our intellectual property rights.  Your use of our website, products, and services does not grant you any ownership right to our Content.

Any request for written permission to use our content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to Customerservice@Curlministryproducts.com.

SECTION - 6 - LIMITED LICENSE

We grant you a nonexclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, and noncommercial purposes unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

SECTION - 7 - YOUR LICENSE TO US

You grant us a license to use the information and materials you post to our Website.  By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor content. You understand and agree that you will not be compensated for any Visitor Content.  By posting Visitor Content on our Website or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.

SECTION - 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION - 9 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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

SECTION - 10 - LAWFUL PURPOSES

You may use the Site and/or Service for lawful purposes only.  You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime, or for fraudulent purposes.  

SECTION - 11 -  OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Curl Ministry™, LLC.

SECTION - 12 - PRIVACY POLICY

Our Privacy Policy is considered part of this Agreement and available on this website.  You must review our Privacy Policy by clicking on this link.  If you do not accept and agree to being bound by these Terms, including the Curlministryproducts.com  Privacy Policy, do not use this Website or our Services. 

SECTION - 13 - CHOICE OF LAW AND JURISDICTION

These Terms will be treated as if they were executed and performed in Madison, Alabama, and will be governed by and construed in accordance with the laws of Alabama without regard to conflict of laws provisions.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

SECTION - 14 - DISPUTE RESOLUTION

Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. 

The arbitration will be conducted in Madison, Alabama, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Madison, Alabama necessary to protect the rights or property of you and us pending the completion of arbitration. 

SECTION - 15 - UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

SECTION - 16 - LINKS TO OTHER WEBSITES

Our Website may from time to time contain links to third-party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Curl Ministry™, LLC has no control over the privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

SECTION - 17 - PAYMENT

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

SECTION - 18 - REFUND AND RETURN POLICY 

We do not offer refunds on any goods you purchase directly from us. On a case-by-case basis, we may offer replacement of damaged items within 30 days of you notifying us in writing of your desire for a replacement: Any replacement may be subject to additional delivery fees.

SECTION - 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Website or Services. 

SECTION - 20 - SEVERABILITY AND SURVIVAL 

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

SECTION - 21 - LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, NATURALLEGACY, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF NATURALLEGACY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NATURALLEGACY, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU NATURALLEGACY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.

SECTION - 22 - NO WARRANTY OR LIABILITY 

The information presented on CurlMinistryproducts.com is provided “as is” and “as available,” without representation or warranty of any kind. Curl Ministry™, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Curl Ministry™, LLC is not liable to you or others, in any way or for any damages of any kind, arising from the use of CurlMinistry products.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.

SECTION - 23- CHANGES TO OUR TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing.  We will also post these changes on our website. These changes will become effective 30 days after receiving the notice.  To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

UPDATED: July 23, 2022