Last modified: Aug, 24, 2020
Welcome to www.ardelcosmetology.com (the “Website”). The following terms, policies and conditions (these “Terms”) represent the entire contract between you and Ardel Cosmetology with respect to the Website and the fee-based subscription therein. By entering the website and using the products, services, and other resources (the “Resources”) made available through the website, you are agreeing to be bound by these Terms. If you do not agree to the terms, policies and conditions of these Terms, you may not use the Website or its Resources.
Ardel Cosmetology reserves the right to modify these Terms at any time. Ardel Cosmetology will inform you by E-Mail about any modifications at least 2 weeks prior to their effective date. You have the right to object to the modifications within two weeks after receipt of the E-Mail. If you do not object to the modifications within two weeks after receipt of the E-Mail, the modifications are considered as being accepted by you.
License: In consideration of and subject to your payment of the appropriate subscription fee for the Resources you subscribe to, and your agreement to and compliance with the terms, policies and conditions set forth in these Terms, Ardel Cosmetology grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Website (the “Licensed Materials”) according to the terms, policies and conditions set forth in these Terms.
Term: The term of these Terms and the license granted in these Terms shall be concurrent with the term of your subscription to the Website (“Term”) and may be terminated earlier than the expiration of your subscription as provided below.
Access to Licensed Materials: You shall be allowed to use the Licensed Materials for the specific product(s) to which you have subscribed. Each product has its own subscription fees and duration. You are not allowed to access the content of products that you have not subscribed to. Subscribing to one product does not mean that you will have access to all products.
Member Account/Password and Security: You must complete Ardel Cosmetology registration process in order to subscribe to and use the Resources by providing us with current, complete, and accurate information as prompted by the registration form. You also will choose a password and a User name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ardel Cosmetology immediately of any unauthorized use of your account or any other breach of security. Ardel Cosmetology will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Furthermore, you could be held liable for losses incurred by Ardel Cosmetology or another party due to someone else using your account or password.
Conclusion of contract/Subscription Term:
Any display or presentation of the resources and License-Materials shall not constitute a binding offer by Ardel Cosmetology. Rather you have the option to submit a binding offer for the conclusion of a contract by clicking the button “Purchase” after completing the online order process. After submission of the offer, Ardel Cosmetology will send an order confirmation to you by E-Mail. The order confirmation constitutes the acceptance of your offer by Ardel Cosmetology.
The license granted to you under these Terms includes the right to use and access the Licensed Materials for the product(s) you have subscribed to for the subscription period you initially choose. At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the terms, policies and conditions then current. These Terms and your license to use the Licensed Materials are also subject to termination by Ardel Cosmetology, at its sole and absolute discretion, if you fail to comply with any term, policy, or condition in these Terms.
Payment: Payment will be made by PayPal.
Restriction against Transfer: You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at Ardel Cosmetology are monitored for multiple log-ons. In the event that Ardel Cosmetology believes in its sole and absolute discretion that an account is being used by multiple users at the same time, Ardel Cosmetology reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract, copyright infringement, and other available legal claims. Therefore, please do not disclose your account details to anyone else.
Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of Ardel Cosmetology. By indicating that you accept these terms, policies and conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of these Terms.
Trademarks: Ardel Cosmetology name, the terms Ardel Cosmetology, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Ardel Cosmetology or its affiliates or licensors. You must not use such marks without the prior written permission of the Ardel Cosmetology. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Prohibitions: Except as otherwise expressly provided in these Terms, you are expressly prohibited from copying, downloading, printing, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chat rooms. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted at the Website. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.
Violations: In the event that you breach any of the terms, policies, and conditions of these Terms, Ardel Cosmetology may, in its sole and absolute discretion, terminate these Terms, your access to the Website and its provision of Resources to you without refund. Ardel Cosmetology reserves the right to seek all remedies available by law and in equity for such breaches.
Warranties and Limitation of Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Ardel Cosmetology is liable for other damage or loss which is caused through simple negligence, insofar as the negligence pertains to the breach of such contractual obligations whose compliance is of particular importance for the attainment of the contract purpose (cardinal obligations). However, Ardel Cosmetology is only liable insofar as the damage or loss is typically connected with the contract and insofar as it is foreseeable. A further liability of Ardel Cosmetology is hereby excluded, regardless of the claim’s legal nature; this shall apply in particular for tortious claims or claims for compensation to futile expenses instead of the performance. Insofar as Ardel Cosmetology liability is excluded or limited, this also applies to the personal liability of its employees, workers, representatives and agents.
Ardel Cosmetology PROVIDES THE RESOURCES AND LICENSED MATERIALS “AS IS” AND WITHOUT ANY GUARANTEE OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, , FREEDOM FROM COMPUTER VIRUS OTHER HARMFUL COMPONENTS OR TECHNOLOGICAL DIFFICULTIES IN ACCESSING OR SUING THE WEBSITE, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE.
Indemnification. You hereby agree to indemnify and hold Ardel Cosmetology, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with your violation of these terms, policies and conditions, and your use of or inability to use any of the Resources.
Contract language: Contract language is English.