TERMS OF USE AGREEMENT:
Beaumont Lashes by Theresa (The Money Making Lash Artist) maintains this website, any courses offered and other linked and related sites (Theresamae.com) for the use of its customers, vendors, students, and other Site users upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Beaumont Lashes by Theresa (The Money Making Lash Artist) . If you do not agree to these terms, do not use this Site.
1. Use of Site
Beaumont Lashes by Theresa (The Money Making Lash Artist) provides various Training and Certification courses, information, quizzes, questions, articles, news and other information on this and related sites and in courses offered through this site. Beaumont Lashes by Theresa (The Money Making Lash Artist) authorizes each User to view and download one copy of the instructional curriculum documents. Documents may be downloaded and a maximum of one copy of the Documents may be printed provided that Users make no modifications to the Materials and Beaumont Lashes by Theresa (The Money Making Lash Artist) retain all copyrights. Users may not modify the instructional curriculum documents at this Site in any way or reproduce, share or distribute them. Users will keep all instructional curriculum documents. confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the instructional curriculum documents to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. Hyperlinks
Links to external websites are provided solely as a convenience to you. Beaumont Lashes by Theresa (The Money Making Lash Artist) has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
3. Licenses
It is the responsibility of the consumer to have all the correct State licenses to perform any services taught by Beaumont Lashes by Theresa (The Money Making Lash Artist). It is the responsibility of the consumer to check with their current state on current laws and regulations on services taught by Beaumont Lashes by Theresa (The Money Making Lash Artist). Beaumont Lashes by Theresa (The Money Making Lash Artist) is NOT responsible or liable if laws are not followed by the consumer.
6. No Warranty
Beaumont Lashes by Theresa (The Money Making Lash Artist) Curriculum provided at this site is provided “as is” without any warranties of any kind including warranties or guarantees of success. Beaumont Lashes by Theresa (The Money Making Lash Artist) further does not warrant the accuracy and completeness of the curriculum on this Site. Beaumont Lashes by Theresa (The Money Making Lash Artist) may make changes to the curriculum at this Site, or to the services and prices described in them, at any time without notice. The curriculum at this Site may be out of date, and Beaumont Lashes by Theresa (The Money Making Lash Artist) makes no commitment to update the curriculum at this Site.
7. Limitation of Liability
In no event will Beaumont Lashes by Theresa (The Money Making Lash Artist) its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from injury, or working without a license. You assume all costs and liability thereof. All services performed by the consumer are at their own Risk. Beaumont Lashes by Theresa (The Money Making Lash Artist) will not be held liable for any reason.
8. Applicable Law
The Terms of Use are governed by the laws of California, United States of America. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Beaumont Lashes by Theresa (The Money Making Lash Artist) may assign its rights and duties under the Terms of Use without notice to any party at any time.
9. Effective Date and Updates
The Terms are effective as of January 4th, 2023 and are subject to change without notice by Beaumont Lashes by Theresa (The Money Making Lash Artist) at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
10. Additional Terms of Use
The Money Making Lash Artist (Beaumont Lashes by Theresa) courses or course provide information and training in connection with aesthetic treatments (“Procedures”) to a wide range of individuals who use the Courses. Students include, but are not limited to, physicians, nurses, estheticians, medical aestheticians, body workers, cosmetologists, healthcare practitioners and tattoo artists. The Courses are open to the general public. The Money Making Lash Artist (Beaumont Lashes by Theresa) does not pre-screen Students as to any particular Student’s background, expertise and licensing. The Procedures may be used by a wide range of providers depending upon the providers’ licensing and level of expertise. The Money Making Lash Artist (Beaumont Lashes by Theresa) makes clear to the Students, and the Students understand that the Courses do not provide advice as to what Procedures Students may lawfully engage in performing. The Money Making Lash Artist (Beaumont Lashes by Theresa) makes no representations nor advises its Students as to the licensing, if any, that is required to engage in the performance of the Procedures.
The Money Making Lash Artist (Beaumont Lashes by Theresa) makes no representations and/or warranties in connections with the Courses. The Courses are not a substitute for medical advice, diagnosis or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. If you have questions or concerns, contact a medical professional prior to treatment. The Money Making Lash Artist (Beaumont Lashes by Theresa) is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them. Therefore students must research and educate themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each Student to make sure that before any Procedure is performed by that Student, the Student is compliant with all state and federal laws, rules and regulations including but not limited to FDA regulations that govern that Student’s legal ability to perform a Procedure. The Money Making Lash Artist (Beaumont Lashes by Theresa) is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation. The Money Making Lash Artist(Beaumont Lashes by Theresa) grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use The Money Making Lash Artist (Beaumont Lashes by Theresa) copyrighted Course and any associated materials solely for your own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). Students release The Money Making Lash Artist (Beaumont Lashes by Theresa) of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company. The Courses are protected under copyright law. The copying, redistribution, use or publication by you of any of the content within our course is strictly prohibited (again, unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our Course. Any breach in the terms of this Agreement may result in termination of your access to the Course materials and can be subject to a fine up to $500,000.
All customers and students release The Money Making Lash Artist (Beaumont Lashes by Theresa) of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
The Money Making Lash Artist (Beaumont Lashes by Theresa) respects the intellectual property rights of others and The Money Making Lash Artist (Beaumont Lashes by Theresa) asks that you do the same. The Money Making Lash Artist (Beaumont Lashes by Theresa) content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. The Money Making Lash Artist (Beaumont Lashes by Theresa) reserves all rights in and to The Money Making Lash Artist (Beaumont Lashes by Theresa) content. Except for any third-party content used as part of the The Money Making Lash Artist (Beaumont Lashes by Theresa) site, training and materials, please understand that the data and materials on the The Money Making Lash Artist(Beaumont Lashes by Theresa) site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the The Money Making Lash Artist (Beaumont Lashes by Theresa) site (collectively, “Scalp Content”) are the intellectual property of The Money Making Lash Artist (Beaumont Lashes by Theresa). The Money Making Lash Artist (Beaumont Lashes by Theresa) content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of The Money Making Lash Artist (Beaumont Lashes by Theresa). The Money Making Lash Artist (Beaumont Lashes by Theresa) reserves the right to take any legal or technical remedies to prevent the violation of the The Money Making Lash Artist (Beaumont Lashes by Theresa) terms and to protect the The Money Making Lash Artist (Beaumont Lashes by Theresa) services, users and the rights and property of The Money Making Lash Artist (Beaumont Lashes by Theresa) and its affiliates. If you violate these Terms, your permission to use the The Money Making Lash Artist (Beaumont Lashes by Theresa) services automatically terminate, and you must immediately destroy any copies you have made of the The Money Making Lash Artist (Beaumont Lashes by Theresa) content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any The Money Making Lash Artist (Beaumont Lashes by Theresa) content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.
Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems or other limitations. The Money Making Lash Artist (Beaumont Lashes by Theresa), including all our affiliates, have no liability whatsoever for your use of our website or content. The Money Making Lash Artist (Beaumont Lashes by Theresa) cannot guarantee and does not promise any specific results from use of our website or content. The Money Making Lash Artist (Beaumont Lashes by Theresa) does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
All enrollees will be given lifetime access. When you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.
In no event will The Money Making Lash Artist (Beaumont Lashes by Theresa) or its, employees, contractors, vendors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, The Money Making Lash Artist (Beaumont Lashes by Theresa) liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.
This Agreement applies to all online training courses provided by The Money Making Lash Artist (Beaumont Lashes by Theresa).
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION
This Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Arizona without giving effect to the principles of conflict of laws. Any claims, controversies and/or causes of action (“Claim” or “Claims”) by any Student with respect to or arising from The Money Making Lash Artist (Beaumont Lashes by Theresa) website(s), content, this Agreement, Courses and/or products must be instituted within one (1) year after the Claim arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, the remaining portions shall remain in full force and effect.
Any and all Claims shall be settled and resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable arbitration rules, and judgment on any award or declaratory relief rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The Claims shall include any and all: (a) claims by The Money Making Lash Artist (Beaumont Lashes by Theresa) against its Students; and (b) claims by The Money Making Lash Artist (Beaumont Lashes by Theresa) Students against The Money Making Lash Artist (Beaumont Lashes by Theresa) including claims against The Money Making Lash Artist (Beaumont Lashes by Theresa) officers, directors, managers, members, related entities and constituent entities. This arbitration clause is meant to be interpreted and construed broadly.
Neither the Students nor The Money Making Lash Artist (Beaumont Lashes by Theresa) shall be entitled to join or consolidate any claims whatsoever, including but not limited to claims in arbitration, by or against each other, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Any arbitration between the The Money Making Lash Artist (Beaumont Lashes by Theresa) and the Students may not be arbitrated on a collective or class wide basis.
If any portion of this arbitration clause is found to be unenforceable, then this arbitration clause shall still remain in full force and effect.
This Agreement will be interpreted under and according to the laws of the State of California. The party initiating the arbitration shall pay all applicable arbitration fees and costs. Within 15 days of the initiation of the arbitration and payment of all fees and costs by the initiating party, the respondent (i.e., non-initiating party) shall reimburse the initiating party 50% of the fees and costs. Thereafter, all fees and costs of arbitration (i.e., fees and costs payable to the AAA) shall be split equally between the parties. Any other fees and costs of arbitration, such as attorneys’ fees, witness fees, shall be borne by each party. There shall be one arbitrator and the arbitration shall proceed under the rules of the American Arbitration Association. The award of the arbitrator may grant any relief which may be granted by a court of general jurisdiction, including, without limitation, an award of damages and/or injunctive relief, and may, in the discretion of the arbitrators, assess, in addition, the costs of arbitration, including the reasonable fees of the arbitrator(s) against either or both parties, in such proportions as the arbitrator(s) shall determine as just and reasonable. The Money Making Lash Artist (Beaumont Lashes by Theresa) and the Students also agree to accept the arbitrator’s award as final and binding upon them (and their successors, representatives and heirs) and a judgment upon the arbitration award shall be binding and may be entered by any Court of competent jurisdiction.