TERMS & CONDITIONS

Last Updated: January 24, 2024

Ownership of Website; Arbitration; Agreement to Terms of Use

This Terms of Use Agreement (“Agreement”) is made and entered into by and between Senna Cosmetics, Inc., a corporation organized under the laws of the State of California (“Senna Cosmetics”), and you (“you” or “your”), the user of the Senna Cosmetics website and its associated products (collectively “Website”). This Agreement will be effective when you browse the Website, accept cookies from the Website, and/or select the box to agree to our terms of use upon checkout, and your continued use of the Website or selection of the “I Agree” button constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must not select the “I Agree” button or use the Website

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND SENNA COSMETICS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Senna Cosmetics’ Ownership of Content and Trademarks

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Senna Cosmetics. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Senna Cosmetics.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Senna Cosmetics, including, but not limited to, SENNA COSMETICS, are common law or registered trademarks owned by or licensed to Senna Cosmetics. You are expressly prohibited from using the trademarks of Senna Cosmetics to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of Your goods or services. You are further prohibited from using the trademarks of Senna Cosmetics in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Website

Conditional upon your adherence to the terms of this Agreement, Senna Cosmetics grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code, form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use to review information published on the Website, to communication with Senna Cosmetics, or to purchase products through the Website.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

    1. Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by Senna Cosmetics through a separate, written agreement (this restriction does not apply to search engines that comply with Senna Cosmetics’s robots.txt file);
    2. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Senna Cosmetics’s robots.txt file);
    3. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;
    4. Decompiling, reverse engineering, disassembling, or hacking the Website;
    5. Scraping, caching, or utilizing the Website through a proxy;
    6. Sharing Your User Account with others or providing unauthorized access to Your User Account;
    7. Circumventing the Website’s technology protection measures;
    8. Infringing upon the intellectual property or other proprietary rights of Senna Cosmetics;
    9. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
    10. Exporting the Website in violation of the export controls or regulations of the laws of Your country or any other country’s laws or regulations;
    11. Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;
    12. Using the Website to violate the rights of third parties, including, but not limited to, personal and proprietary rights;
    13. Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or
    14. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Your Representations and Warranties

When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts and User-Generated Content

Senna Cosmetics may provide you with the ability to register a user account (“User Account”), which will provide with additional access to the Website, including the ability to proceed through checkout faster, check the status of orders, view past orders, and provide for alternative shipping addresses for products purchased through the Website.

Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Senna Cosmetics immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by Senna Cosmetics due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. Senna Cosmetics reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without warning.

Senna Cosmetics may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website through your User Account, including, but not limited to, reviews (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant Senna Cosmetics a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, displaying the Website’s content to you or to third parties, providing the Website’s services to you or to third parties, and archiving or making backup copies of the Website. By submitting User-Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Website. When posting User-Generated Content to the Website, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete. Senna Cosmetics assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Website, including, but not limited to, the accuracy, reliability, completeness, or truth of any review.

Senna Cosmetics may provide you with the ability to submit ideas to Senna Cosmetics through the Website. If you submit ideas to Senna Cosmetics, you agree that any ideas that you submit to Senna Cosmetics will automatically become the property of Senna Cosmetics and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Senna Cosmetics. You understand and agree that Senna Cosmetics may use or redistribute any ideas that you submit to Senna Cosmetics for any purpose and in any way and that Senna Cosmetics has no obligation to keep any ideas submitted to Senna Cosmetics confidential.

Privacy and Data Processing

In your use of the Website, Senna Cosmetics may collect personal or personally identifiable information from you. you warrant and agree that, for any personal or personally identifiable information that you transmit to Senna Cosmetics, you have adequate rights to transmit that personal or personally identifiable information to Senna Cosmetics and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, provincial. Senna Cosmetics has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it.

Ordering; Payment; Taxes

Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Senna Cosmetics until Senna Cosmetics accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Senna Cosmetics, and Senna Cosmetics strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Senna Cosmetics is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Senna Cosmetics’ payment processor. You agree that you will not initiate any chargebacks to Senna Cosmetics unless otherwise authorized by Senna Cosmetics in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Senna Cosmetics. Senna Cosmetics will report as income all payments received from You to Senna Cosmetics to all proper taxing authorities. 

Product Information

The products displayed on the Website can be ordered and delivered in US and foreign markets. Senna Cosmetics’ products displayed on the Website may be available in select Senna Cosmetics retail stores in the U.S. and certain foreign markets. If any minor uses any goods or product from Senna Cosmetics, 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, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Senna Cosmetics.

 

All material and information presented by SENNA 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 Website is not meant to serve as a substitute for professional medical advice. The Website is 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 Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, or decisions regarding the possible treatment of any medical condition. Senna Cosmetics does not give or intend to give any answers to medical related questions and information on its Website does not replace any medical professional or medical resource. Senna Cosmetics does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

 

The products available on the Website, including any samples SENNA may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Senna Cosmetics. Senna Cosmetics 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 the terms of this Agreement, as determined by Senna Cosmetics in its sole discretion.

 

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

 

Promotions, Specials, Sweepstakes, and Contests

At times, the Senna Cosmetics may offer special promotions, contests, or other limited time offers and these offers may require additional terms and conditions that are not stated in this Agreement. If you participate in these events or offers, you agree to comply with any additional terms and conditions required.

Participation in Senna Pro Member Benefits

Senna Cosmetics provides certain discounts on products purchased through the Website, as well as access to professional cosmetics tips, techniques, and trends, to professional cosmetic artists, beauty professionals, and entertainment industry professionals. To obtain these Senna Pro Member benefits, you must apply to Senna Cosmetics pro membership program. You warrant and agree that any information that you submit in an application to participate in the Senna Pro Member program will be accurate, current, and complete. Senna Cosmetics reserves the right to discontinue, modify, suspend, or change the conditions of the Senna Pro Member program at any time and within its sole and absolute discretion.

Shipping

Senna Cosmetics provides shipping via standard carriers. All prices are FOB from their place of shipment. Processing time typically process within 2 business days (Monday - Friday). During sales, shipping may take longer. Delivery times are based on orders placed between Monday-Friday (excluding holiday and weekends). Senna Cosmetics offers FREE STANDARD SHIPPING on all U.S. Orders $50 and over (excluding taxes and discounts). Senna Cosmetics ships within the continental United States including Hawaii and Alaska only. Senna Cosmetics does not ship to freight forwarders. Please allow an additional processing of 2-3 days for orders placed during major sales. Selecting a faster shipping method will not decrease processing time, it only speeds in transit time.

Standard Shipping:

(Orders $50 and over): FREE - 5 - 9 Business Days

(Orders under $50): $6.00 - 5 - 9 Business Days

SENNA COSMETICS SHALL NOT BE LIABLE for any lost, stolen, or damaged packages or for any delay caused by act or default of the shipping carrier. Senna Cosmetics is responsible for orders until they leave our warehouse facility ONLY. Once tracking is received, it is between the shipping company and the customer to ensure the goods arrive safely.

Wrong Address

If a package is returned due to an incorrect or invalid address, we will reach out to you via email or telephone to obtain a corrected address. Please note that any additional shipping charges incurred for sending the package to the new address will be your responsibility.

If you need to modify or correct a shipping address for an order that has not yet been shipped, please contact us [email protected]. Kindly provide your order number along with the new shipping address. However, please be aware that we cannot reroute an order once it has been dispatched.

Returns

We hope your love the product(s) you ordered! If you are not completely satisfied, you may return products you purchased online within thirty (30) days of receipt of your shipment. Please follow these steps:

  • Obtain a return authorization number from Senna Cosmetics. Call our customer care at 800.537.3662 Monday through Friday (except major holidays) between 9:00 a.m. and 4:00 p.m. PT. Or email [email protected] and request the authorization number, including your name, contact information, and the confirmed order number on your invoice. The determination about whether an item is eligible for return is made only in the sole and absolute discretion of Senna Cosmetics. Returns will not be processed without an authorization number. 
  • SALE ITEMS FINAL SALE: Only regularly priced products may be returned for refund or exchange. All promotional, sale or discontinued items are final sales and cannot be returned. The determination about whether an item is eligible for return is made only in the sole and absolute discretion of Senna Cosmetics.
    • Send the product(s) you wish to return to the address below. Include the following in your package:
      • Copy of order receipt or packing list.
      • Return authorization number.
      • Any Senna Cosmetics promotional gift item you may have received with your purchase if you are returning the entire order.

    Return to:

    SENNA COSMETICS ATTN: RETURNS

    28042 Avenue Stanford, Unit A, Valencia, CA 91355

Ship to Senna Cosmetics at your expense by your method of choice. Senna Cosmetics does not reimburse any shipping related costs on returns or exchanges. For your security, please ship your return via insured carrier that provides a tracking number. Senna Cosmetics is not responsible for return packages lost in transit and the shipping fees are not refundable. Your shipping fee to return the product to Senna Cosmetics is not refundable. Refunds may take up to 30 days to be credited to your original method of payment.

Refunds on product purchases from the Website are granted for the price of the product returned, sales tax (if applicable). Your shipping fee to return the product to Senna Cosmetics is not refundable. Refunds may take up to 30 days to be credited to your original method of payment.

Return restrictions: Products purchased at our online site may not be returned or exchanged at Senna Cosmetics Makeup & Brow Studios or any other location that retails Senna Cosmetics unless pre-authorized and granted return authorization number.

We do not offer exchanges at this time. Please note if you'd like to exchange a product for a different product, you'll need to process a return and place an order for the new product. Exchanged products will be charged a new shipping and handling fee and you may select the method of shipping at checkout.

Damaged Goods

Please inspect your package when it arrives. If the product you ordered is damaged in any way, please retain the shipping box, the product box, packing materials and other items inside and contact us immediately at 800.537.3662 or email us at [email protected]. In the case of damages, missing items, or incorrect items received, we may require a photo depicting the issue.

Returned Merchandise Policy

We protect the integrity of the products we sell.  All returned (used or unused) products are not returned to inventory and are properly disposed of.

Third Party Websites

You acknowledge and agree that the Website may contain links to third party websites or content that Senna Cosmetics does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Senna Cosmetics will not be responsible for websites not under the ownership or control of Senna Cosmetics.

Term and Termination

The term of this Agreement will begin upon Your first accessing of the Website and will continue until the earlier of the following: (i) Senna Cosmetics terminates Your access to the Website; or (ii) You cease using the Website and terminate Your User Account. Senna Cosmetics reserves the right to terminate the Website or Your access to the Website in its sole and absolute discretion and without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

Senna Cosmetics, Inc.

28042 Avenue Stanford, Unit A

Valencia, CA 91355

[email protected]

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Disclaimer of Warranties and Limitation of Liability

The products sold through the Website have been designed for the specific uses designated within their accompanying instructional materials or as displayed on the Website. These products may not be used for unlawful uses or for uses not expressly stated in their instructional materials.

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT SENNA COSMETICS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT SENNA COSMETICS’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

SENNA COSMETICS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT SENNA COSMETICS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT SENNA COSMETICS’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT SENNA COSMETICS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT SENNA COSMETICS’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless Senna Cosmetics, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of products purchased from the Website; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Senna Cosmetics will not provide you with the ability to control Senna Cosmetics’ defense, and Senna Cosmetics reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Senna Cosmetics, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and Senna Cosmetics each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under California law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Valencia, California.

You and Senna Cosmetics agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of the State of California and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND SENNA COSMETICS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Force Majeure

Senna Cosmetics will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Senna Cosmetics’ control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Senna Cosmetics.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Senna Cosmetics reserves the right to assign its rights and duties under this Agreement, including in a sale of Senna Cosmetics, its assets, or the Website.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

Contact Us

Senna Cosmetics welcomes your questions or comments regarding the Terms of Use:

Mailing Address:

Senna Cosmetics, Inc.

28042 Avenue Stanford, Unit A

Valencia, CA 91355

Email address: [email protected]

Telephone Number:  800-537-3662

 

 

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