This website is operated by élan unlimited Inc. Throughout the site, the terms “we”, “us” and “our” refer to élan unlimited Inc. élan unlimited Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, 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 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 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – DISPUTES AND CLAIMS
Disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND ELAN UNLIMITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products 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 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color or size will be accurate. 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.
As part of the Service, élan unlimited may provide you with designs and renderings for personalized hair care products (the “Designs”). The provision of a Design by élan unlimited in no way creates a production guarantee or commitment on behalf of élan unlimited. These Designs are for demonstration only and the actual Products you receive may differ from the Designs for many reasons, including, without limitation, élan unlimited’s manufacturing requirements and specifications.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of élan unlimited, Inc. 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 6 – REFERRAL PROGRAM
The élan unlimited Referral Program (“Referral Program”) is offered by élan unlimited, Inc. and provides Partners who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the élan unlimited community as a new Partners and to receive Referral Credits (“Referral Credits”) in return. These Program Rules apply to both referrers and referred Partners, please read carefully to understand your respective rights and obligations.
To be eligible to participate in the Referral Program as a referrer, you must have a élan unlimited account, have purchased élan unlimited products and have a valid form of accepted payment on file. However, if you violate the Referral Program Rules or any applicable Terms of Service, élan unlimited may suspend or terminate your ability to participate in the Referral Program under your account. You acknowledge and agree that: (a) you have no ownership rights in any form over the élan unlimited Referral Credits, and (b) élan unlimited may reclaim, deactivate, invalidate or terminate your élan unlimited Referral Credits at any time at its discretion. (c) Referral Credits are only applicable to new customers who have never made a élan unlimited Purchase (d) Referral Credits have no cash value and cannot be used retroactively for prior purchases In connection with your participation in the Referral Program. (e) Referral Credits may be converted to Loyalty Points at élan unlimited’s sole discretion. By participating in the Referral Program, you expressly agree to the following restrictions:
As discussed above, in order to qualify as your Referred Partner, the new Customer must satisfy the applicable Reward Criteria. The Reward Criteria are set by élan unlimited in its sole discretion and are subject to change at any time. élan unlimited, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Partners or prospective Partners. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with élan unlimited. New Partners you refer may receive élan unlimited credit upon purchasing their first set of élan unlimited products (“Referral Credit”). Referral Credit is only valid for use on élan unlimited and is not transferable or redeemable for cash. Referral Credit may be in the form of Loyalty Points in the élan unlimited Loyalty Points program. Referral Credit may contain certain restrictions such as expiration dates or other limitations which will be communicated to the new Partner. All terms and conditions for the distribution and use of Referral Credit are determined by élan unlimited in its sole discretion. Only one person can earn a Referral Reward for a single newly Referred Partner. In the event that multiple Partners claim credit for a particular referral, élan unlimited has full discretion to determine which Partner earned such referral according to élan unlimited’s systems. élan unlimited reserves the right to withhold or deduct Referral Rewards or Referral Credits obtained through the Referral Program in the event that élan unlimited determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and élan unlimited. The following terms shall also apply to your participation in the Referral Program: Referred Partners who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other sign-on credit. Partners cannot earn Referral Rewards for referring themselves. All élan unlimited’s promotions run for a limited time only and are subject to change at élan unlimited’s discretion.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 9 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
From time to time, élan unlimited may allow you to submit reviews, comments, photos, or similar materials to the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to élan unlimited must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By submitting a Review to the Site, you hereby grant élan unlimited an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you submit to the Site, for any purpose, including promoting and marketing élan unlimited and the Products. You further grant élan unlimited a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you submit to the Site. By submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by élan unlimited through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you submit to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to élan unlimited the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you submit to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require élan unlimited to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by élan unlimited in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments or reviews will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – LOYALTY POINTS TERMS AND CONDITIONS
The following Terms and Conditions apply to the use of élan unlimited Loyalty Points (collectively, “Loyalty Points”). Your acquisition and use of the Loyalty Points constitutes your agreement to follow and be bound by these Terms.
REDEMPTION AND USE
Loyalty Points may only be redeemed toward the purchase of eligible goods and services provided by elanunlimited.com. Loyalty Points may not be resold or used for payment outside of the elanunlimited.com website; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund (except to the extent required by law). No portion of your elanunlimited.com Loyalty Points balance may be transferred to another elanunlimited.com account.
LOST, DAMAGED OR STOLEN LOYALTY POINTS AND FRAUD
If lost, stolen or damaged, Loyalty Points may be replaced for the remaining value if you provide satisfactory proof of ownership. élan unlimited will not be responsible if your Loyalty Points are used without your permission. If we learn our customers were negatively impacted by an issue with our Loyalty Points systems, we’ll work quickly to take care of them. Title to and risk of loss for Loyalty Points pass to the purchaser upon sale. Please treat your Loyalty Points like cash and safeguard them accordingly. élan unlimited reserves the right to refuse to accept Loyalty Points that are suspected or believed to be obtained fraudulently.
EXPIRATION AND FEES
Loyalty Points may expire at any time to be determined by élan unlimited, and there are no fees associated with them.
LIMITATION OF LIABILITY
Loyalty Points are provided on a ‘As Is’ basis and élan unlimited disclaims all warranties of any kind, either express or implied, with respect to the Loyalty Points, including without limitation, implied warranties of merchantability and fitness for a particular purpose. élan unlimited does not represent or warrant that your Loyalty Points will always be accessible or accepted. élan unlimited shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the Loyalty Points or use of such. In the event that élan unlimited is found liable to you, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your Loyalty Points account.
By using Loyalty Points you agree to comply with these terms and conditions, and not to use Loyalty Points in any manner that is misleading, deceptive, unfair, or otherwise harmful to elanunlimited.com or its customers. We reserve the right, without notice to you, to void Loyalty Points (including as a component of your elanunlimited.com balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that Loyalty Points are obtained, used, or applied to an elanunlimited.com account (or your elanunlimited.com balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. élan unlimited may also issue promotional Loyalty Points (“Promotional Points”). Promotional Points are not subject to these Terms and may be subject to an expiration date and other conditions, as specified on the Promotional Points or in related promotional materials.
SECTION 13 – 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 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall élan unlimited Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless élan unlimited Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – LIMITATION OF LIABILITY
SECTION 20 – GOVERNING LAW AND ARBITRATION
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 22 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at email@example.com.