The effective date of these Terms and Conditions is July 13, 2020.
This website provides information regarding the services, offerings, and recruiting practices of DL Franchising, LLC and its affiliates (herein referred to as “Deka Lash,” “us,” and/or “we”). Unless otherwise indicated, this website and its contents, including all trademarks, logos, and service marks are the property of DL IP Holdings, LLC or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS REPRESENT A BINDING CONTRACT. BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS.
The website www.dekalash.ca is owned by DL Franchising, LLC. All rights reserved.
You acknowledge and agree that all content and materials on this website, or made available to you through this website, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by us, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, whether in whole or in part, such content and materials, or creative derivative works thereof, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards, paper cards, or unlicensed merchandise. Requests to reproduce or distribute the contents or materials found on this website can be made, via writing, to DL Franchising, LLC at 4000 Town Center Blvd, Suite 320, Canonsburg, PA 15317, attention Legal Department.
Responsibility for Your Content
You are solely responsible for all content that you upload, post, email, or otherwise transmit via or to the website. This includes the submission of product and service ratings and reviews, and all other data, documents, questions, or comments.
Your use of this website is at your own risk. All content, materials, information, software, products, and services included in or available through this website (collectively “Content”) are provided on an “as is” and “as available” basis. Deka Lash expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Deka Lash makes no warranty that the Content: (1) will meet your specific needs or requirements, or is of a certain quality; (2) is accurate, reliable, or correct; (3) will be available on the website at any specific time or location; (4) will be available on the website uninterrupted, secure, or error free; or (5) is free of harmful components, including but not limited to viruses.
No advice or information available on this website shall create any warranty not stated in these Terms and Conditions. Any material which you download or obtain via other means from the website is done at your own risk. In the event that a jurisdiction does not allow the exclusion of certain warranties, Deka Lash’s warranties in such jurisdiction shall be limited to the extent permitted by law.
Limitation of Liability
Under no circumstances shall DL Franchising, LLC or any of its affiliates, subsidiaries, assigns, parents, franchisees, agents, employees, licensees, subcontractors, or any third-party providers be liable to you for any direct, indirect, incidental, special, circumstantial, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Deka Lash has been advised of the possibility of such damages), that result from the use or inability to use this website. The foregoing limitation applies regardless of the nature or theory of law upon which any alleged liability is based. In the event that a jurisdiction does not allow the exclusion or limitation of certain damages, Deka Lash’s liability in such jurisdiction shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless DL Franchising, LLC, its parents, subsidiaries, affiliates, franchisees, and/or assigns together with their respective employees, agents, directors, officers, and shareholders, from and all all liabilities, claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of this website, your failure to use the site, your breach or alleged breach of the Terms and Conditions, or your breach of the copyright, trademark, proprietary or other rights of third parties.
To the extent this website links you to, or provides links, to other websites on the internet, Deka Lash is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of those websites. Links to third-party websites does not imply any endorsement of, or association with such websites by Deka Lash.
Choice of Law and Forum
These terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. You and Deka Lash expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions or your use of the website shall be in the state or federal courts in the Commonwealth of Pennsylvania, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.
Deka Lash does not represent that the content on this website is appropriate or available for use in locations outside of the United States, and therefore, accessing the website from locations where the contents are illegal is prohibited. To the extent that you access the website from such locations, you do so at your own risk and are solely responsible for compliance with local laws.
Waiver and Severability
The failure of Deka Lash to exercise and enforce any right arising from the Terms and Conditions, or your use of the website shall not constitute a waiver of such right. In the event that any portion of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable, you and Deka Lash agree that the court should construe that portion in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms and Conditions shall remain in full force and effect.
As part of our processing procedures, we screen all received orders for fraud or other types of illegal activity. We reserve the right to refuse to process any order due to suspected fraud or other unauthorized illegal activity or where the order violates Deka’s policies. We also reserve the right to cancel any accounts or refuse to ship products to certain addresses due to suspected fraud or unauthorized illegal activity. We take these measures to protect not only ourselves, but our customers.
Please report any violations to these Terms and Conditions to email@example.com or DL Franchising, LLC at 4000 Town Center Blvd, Suite 320, Canonsburg, PA 15317, Attention Legal Department.