Welcome to HourglassCosmetics.com (the Site)

These are the terms and conditions (“Terms of Use”) for your use of services or features on the Site owned and controlled by Hourglass Cosmetics. (“Hourglass”). You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. By using the Site, you signify your agreement to these Terms of Use, our Privacy Policy (below) and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

Hourglass reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is the property of Hourglass. The compilation (the collection, arrangement and assembly) of all content on the Site is the exclusive property of Hourglass. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Hourglass, or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Hourglass is strictly prohibited.

Trademarks
HourglassCosmetics.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Hourglass and may not be used in connection with any product or service that is not offered by Hourglass in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hourglass. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product information
All prices displayed on the Site are quoted in U.S. Dollars. If any minor uses any goods or product from Hourglass it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hourglass.

All material and information presented by Hourglass is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

The products available on the Site, including any samples Hourglass may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Hourglass. Hourglass reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Hourglass in its sole discretion.

Color information
While Hourglass has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Your use of content on the site and limitation of liability
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Hourglass reserves all rights not expressly granted in and to the Content.

Third party content and third party site
Hourglass may provide content of third parties (“Third Party Content”) or links to Third Party Site as a service to those interested in this information. Hourglass does not monitor, approve or have any control over any Third Party Content or the Third Party Site and the inclusion of links to Third Party Content or Third Party Site does not imply any association or relationship between Hourglass and such third party. Hourglass does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site.

Mobile services
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Disclaimer
HOURGLASS IS PROVIDING THE SITE AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOURGLASS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HOURGLASS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

HOURGLASS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Indemnification
You agree to defend, indemnify and hold harmless Hourglass (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

Applicable law
The Site and Interactive Services are created and controlled by Hourglass in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Hourglass reserves the right to make changes to its Web Site and these Terms of Use at any time.

Our Address
Hourglass
1241 Electric Avenue
Venice, CA, 90291

info@hourglasscosmetics.com

DMCA
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Hourglass the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Fraud protection program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Orders shipped to freight forwarders
Hourglass does not accept orders shipped to freight forwarding addresses. We reserve the right to cancel these orders at any time, with or without notification. For wholesale inquiries, please contact us via email at info@hourglasscosmetics.com.

General
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of California, as if the Terms of Use were a contract wholly entered into and wholly performed within California. To the extent permitted by applicable laws, you and Hourglass agree that any cause of action arising out of or related to the site and the interactive services must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.