THIS IS AN AGREEMENT BETWEEN USER AND
WWW.ANNABURNSPERMANENTCOSMETICS.COM (THE “SITE”)
Welcome to www.annaburnspermanentcosmetics.com. The www.annaburnspermanentcosmetics.com website (the “Site”) is comprised of various web pages (including www.annaburnspermanentcosmetics.com, www.annaburnspmuacademy.com, www.annaburnspmuacademy.shop) operated by Anna Burns Permanent Cosmetics, LLC (“Anna Burns Permanent Cosmetics”). www.annaburnspermanentcosmetics.com is offered to you (the “Customer/User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.annaburnspermanentcosmetics.com constitutes your agreement to all such Terms. If you disagree with any part of the Privacy Policy, you do not have permission to visit or use the Site. Please read these terms carefully.
www.annaburnspermanentcosmetics.com is an E-Commerce Site.
Anna Burns Permanent Cosmetics is a company that provides permanent cosmetics and medical micropigmentation services, products, online training courses (the “E-Courses) and in person courses. Our E-Courses are intended to enhance your permanent cosmetics knowledge. Our E-Courses are not intended to replace in-person training. Your reliance on our E-Courses are at your own risk.
ACKNOWLEDGEMENT
Reliance on any information provided on our website through our E-Courses is solely at your own risk. We (“Anna Burns Permanent Cosmetics”) make no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information, advice or services provided through our E-Courses. You are solely responsible for complying with regulatory and local requirements for malpractice and liability insurance. Information provided through our website is for general educational information purposes only. It does not constitute nor is it intended to be a substitute for, hands-on or in-person training.
PRIVACY
Your use of www.annaburnspermanentcosmetics.com is subject to Anna Burns Permanent Cosmetics’s
Privacy Policy. Please review the Site’s Privacy Policy, which also governs the Site and informs the Customer/User of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting www.annaburnspermanentcosmetics.com or sending emails to Anna Burns Permanent Cosmetics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CUSTOMER/USER ACCOUNT
If you, the Customer/User, uses this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Anna Burns Permanent Cosmetics is not responsible for third party access to your account that results from theft or misappropriation of your account. Anna Burns Permanent Cosmetics and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
UNAUTHORIZED USE AND BREACH OF SECURITY
You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account, or any password related to your Account, and any other breach of security with respect to your Account or any service provided through it. You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
CHILDREN UNDER THIRTEEN
Anna Burns Permanent Cosmetics does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.annaburnspermanentcosmetics.com only with permission of a parent or guardian.
CANCELLATION/REFUND POLICY
Anna Burns Permanent Cosmetics does not offer refunds for services, products, E-Courses and in-person courses purchased.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.annaburnspermanentcosmetics.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Anna Burns Permanent Cosmetics and Anna Burns Permanent Cosmetics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Anna Burns Permanent Cosmetics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Anna Burns Permanent Cosmetics of the Linked Site or any association with its operators.
Certain services made available via www.annaburnspermanentcosmetics.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.annaburnspermanentcosmetics.com domain, you hereby acknowledge and consent that Anna Burns Permanent Cosmetics may share such information and data with any third party with whom Anna Burns Permanent Cosmetics has a contractual relationship to provide the requested product, service or functionality on behalf of www.annaburnspermanentcosmetics.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.annaburnspermanentcosmetics.com strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to Anna Burns Permanent Cosmetics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included such as text, graphics, logos, images, videos, audio, as well as the compilation thereof as part of the E-Courses and any software used on the Site (“the Service”), is the property of Anna Burns Permanent Cosmetics or its suppliers. The Service is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Anna Burns Permanent Cosmetics content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, you will not delete or alter any copyright, proprietary rights or attribution notices in any content. You will not use the content for any commercial purpose.
You will only use protected content solely for your personal use and will make no other use of the content without the express written permission of Anna Burns Permanent Cosmetics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Anna Burns Permanent Cosmetics.
You will not scan or probe our computer system, obstruct or bypass computer identification procedures, or engage in unauthorized computer or network trespass without the express written permission of the owners of such computer systems. You will not forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data using the Service.
You will not impersonate or falsely represent your association with any person, including a representative of Anna Burns Permanent Cosmetics. You will not disrupt or threaten the integrity, operation, or security of the Service, computer, or any internet system. You will not disable or circumvent any access control or related process or procedure established with respect to the Service. You are not permitted to and will not harvest, scrape, extract, collect or store personal information about others without their express consent nor are you permitted to harvest, scrape, use robot, spider, crawler, script or use other automated means to access the Service for the purpose of data extraction, information collection or interaction with the Service.
INFRINGEMENT POLICY
Anna Burns Permanent Cosmetics has a policy of terminating, at our sole discretion, users who unlawfully use in a prohibited manner our Intellectual Property. We may also, at our sole discretion, limit access to the Service any user who infringes any of our intellectual property rights.
THIRD PARTY ACCOUNTS
You will be able to connect your Anna Burns Permanent Cosmetics account to third party accounts. By connecting your Anna Burns Permanent Cosmetics account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Anna Burns Permanent Cosmetics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Anna Burns Permanent Cosmetics Content accessed through www.annaburnspermanentcosmetics.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Anna Burns Permanent Cosmetics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, the Service or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Anna Burns Permanent Cosmetics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Anna Burns Permanent Cosmetics in asserting any available defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims with regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Anna Burns Permanent Cosmetics agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ANNA BURNS PERMANENT COSMETICS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ANNA BURNS PERMANENT COSMETICS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ANNA BURNS PERMANENT COSMETICS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANYONE WHO RELIES ON ANY INFORMATION CONTAINED IN ANY E-COURSES IN OUR WEBSITE DOES SO AT THEIR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANNA BURNS PERMANENT COSMETICS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, GOODWILL, OPPORTUNITY, BODILY INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND E-COURSE/S, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANNA BURNS PERMANENT COSMETICS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
WAIVER OF RIGHTS AND REMEDIES
Failure on our part to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the E-Course/s, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
INTERPRETATION
The Terms, the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected. All references to website addresses also includes any and all successor or replacement websites containing substantially similar information as the referenced website/s.
TERMINATION/ACCESS RESTRICTION
Any access to or use of the Service which for greater certainty includes but is not limited to the E-Courses, by anyone that does not meet the applicable requirements is unauthorized, unlicensed, and in violation of these Terms.
Anna Burns Permanent Cosmetics reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Service. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Anna Burns Permanent Cosmetics as a result of this agreement or use of the Site. Anna Burns Permanent Cosmetics’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Anna Burns Permanent Cosmetics’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Anna Burns Permanent Cosmetics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Anna Burns Permanent Cosmetics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Anna Burns Permanent Cosmetics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Anna Burns Permanent Cosmetics reserves the right, in its sole discretion, to change the Terms under which www.annaburnspermanentcosmetics.com is offered. The most current version of the Terms will supersede all previous versions. Anna Burns Permanent Cosmetics encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
Anna Burns Permanent Cosmetics welcomes your questions or comments regarding the Terms:
annaburnspermanentcosmetics@gmail.com
Effective as of May 1, 2024
