General Terms & Conditions

As the Buyer and/or Training Program Registrant (hereafter known collectively as “You”), you agree that by purchasing and/or registering for an Xtreme Lashes, LLC (hereafter referred to as “Xtreme Lashes”) Training Program, you have read, understood, and agreed to these General Terms and Conditions.

It is the policy of Xtreme Lashes to sell eyelash extensions application products and training programs for use by certain licensed/certified professionals in the beauty, health, medical or dental industries. Professionals that primarily offer nail or tanning services within primarily nail or tanning salons, as determined by Xtreme Lashes’ sole discretion, will not be allowed to purchase products or training programs from Xtreme Lashes. Therefore, you certify that you (or someone working with or for you) are licensed or certified per Xtreme Lashes’ requirements, and you agree to furnish Xtreme Lashes with a current copy of your professional credentials upon request. Xtreme Lashes reserves the right, in its sole discretion, to determine whether you qualify for admittance to its training programs and may refuse you admittance to a training program if you cannot provide sufficient documentation of your qualifications.

It is solely your responsibility to ensure that you are following all national or local jurisdictions’ laws relating to the selling or application of eyelash extensions. It is your responsibility to research and locate your state statutes and regulations, if any, regarding the practice of eyelash extensions applications, including but not limited to, the professional license or certificate that you must have and the requirements for facilities in which you can apply eyelash extensions. Xtreme Lashes provides training programs and issues certificates to licensed and credentialed beauty and health professionals to enable them to effectively use Xtreme Lashes’ products. An Xtreme Lashes certificate indicates that an individual has met Xtreme Lashes’ standards for using and applying Xtreme Lashes’ products. Xtreme Lashes does not train its clients to receive a state license or certificate, nor to receive continuing education for extending their government or state license. Xtreme Lashes expects its clients to refer to their state’s regulatory boards for permission to charge for eyelash extensions services. Xtreme Lashes cannot be held liable for any claims that may arise from the use of its techniques, products, or services in any State, Country, or Territory.

You must complete all required Online Courses by logging into Education on the Xtreme Lashes website prior to your training date. Before each training program begins, you will be required to show your trainer a valid government issued photo ID. Non-registered persons will NOT be allowed to observe or participate in any training programs.

To meet the Training Program objectives, you must be able to attend for the entire day during each day of the Training Program. Refunds will not be given if you are a “no show” or if you:

• Score an “Incomplete” because you are tardy;
• Score an “Incomplete” because you leave the Training Program early; or
• Score an “Incomplete” because you take an unscheduled personal break for more than 15 minutes.

Training programs become completely non-refundable three (3) days before the training program begins, and Xtreme Lashes will not issue a refund for any training program for any reason after it becomes non-refundable.

Xtreme Lashes reserves the right to change these General Terms and Conditions from time to time in its discretion, for any reason or for no reason.

Use of Electronic Devices during the Training Program

You understand that Xtreme Lashes will record the Training Program for educational, training, and quality assurance purposes.

Use of cell phones or recording devices will be allowed during the training program if you are requested to log into the Xtreme Lashes by Jo Mousselli® Lash Calculator® tool. The Trainer and Xtreme Lashes affiliates may, at their sole discretion, allow registered students or registered models to take “selfies” or photos at designated times during the Training Program. By attending a Training Program, you acknowledge that photos and/or audiovisual recordings of your image may be taken by Xtreme Lashes Trainers and/or Xtreme Lashes affiliates and used on print and digital platforms for marketing or educational and training purposes. You agree to release Xtreme Lashes and its agents, and/or any other registered participants, from any claims that may arise regarding the use of your image, including any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity, copyright, or monetary compensation. You agree that Xtreme Lashes and its affiliates are permitted, although not obligated, to include your name as a credit in connection with your image. You also understand and agree that Xtreme Lashes is not obligated to utilize any of your images.

You agree not to use any audiovisual recording devices for the unauthorized recording or photography of any proprietary or copyrighted Training Program educational materials, including, but not limited to, curriculum, demonstrations, or evaluations.

You acknowledge that all Xtreme Lashes training programs involve “hands-on” training regarding applying eyelash extensions to natural eyelashes using Xtreme Lashes’ branded products.

You acknowledge, accept and agree that (a) use of products sold by Xtreme Lashes must be used with great care to prevent an accidental injury, especially when performing work near an individual’s eye, (b) there is danger associated with the application of eyelash extensions that may include injury to an individual’s eye or eye area and (c) you will practice great care during your training program and follow all prescribed safety guidelines under the supervision of your trainer. You also certify that you will practice great care in all eyelash extensions applications that you perform after you successfully pass your training program. You agree that Xtreme Lashes cannot be held liable for any injuries that may arise from your use of misuse of products and application techniques sold or supplied by Xtreme Lashes.

You acknowledge that the pace and rigor of the Training Program, and/or the noise level in the Training Program facility, may be uncomfortable or unsustainable for some individuals. You will be required to focus intently on eyelash extensions application tasks for up to three (3) hours at a time in a facility that may include some background noise. If you are unable or unwilling to focus/concentrate on the same activity for up to three (hours), or you are unable or unwilling to train in a facility that may include some background noise, then Xtreme Lashes recommends that you do not register for a Training Program.

You understand and agree that an Xtreme Lashes’ Trainer may, at her or his sole discretion, dismiss you from a training program for conduct or performance that puts you or other training program attendees at risk for injury, or that otherwise interferes with the safe and/or effective administration of the training program. If you are dismissed from a training program because of conduct or performance, you will not receive a refund and you may be ineligible to retake a training program, at the sole discretion of Xtreme Lashes.

See the "Indemnification" section for more information.

Model Policies

1. Xtreme Lashes requires you to provide your own models for Trainings. If you are unable to provide model(s) when required, you will practice application skills on a mannequin head instead. However, you must apply eyelash extensions to at least one human model during any Classic Certification Training or Omni Volume^® Certification Training to become certified. Your trainer will not evaluate applications to a mannequin head for certification.
   
   
2. You understand that Xtreme Lashes cannot be held liable for any claims that may arise from the use of its techniques, services, or products, including but not limited to its Lash Calculator® tool, in any State, Country, or Territory.

You understand that Xtreme Lashes cannot be held liable for any claims that may arise from the use of its techniques, services, or products, including but not limited to its Lash Calculator^® tool, in any State, Country, or Territory.

1. Training program attendance does not guarantee Certification. Xtreme Lashes, in its sole discretion, reserves the right to determine its certification requirements, which may change at any time, without notice. You must meet all the requirements and agree to all the terms and conditions listed on Xtreme Lashes’ official certification application to become certified. Certificates will not be issued during training programs. Xtreme Lashes will issue your certificate via US Mail only after you have met the requirements for certification in Xtreme Lashes’ eyelash extensions application methods, and Xtreme Lashes has approved your certification application in its sole discretion.
   
   Xtreme Lashes, at its sole discretion, reserves the right to decertify you for any reason or for no reason. Reasons for decertification include, but are not limited to, the severance of the business relationship between you and Xtreme Lashes, violation of any part of this agreement, or if Xtreme Lashes receives repeated complaints about your application techniques.
   
   
2. It is your sole responsibility to assimilate the skills and gain the experience required to become competent at applying eyelash extensions. The “certification of completion”, the “hands on” training, and/or the marketing, business, and advertising strategies provided because of training program attendance DO NOT guarantee that you will become a successful Lash Stylist. You may need further training, practice, and/or guidance after attending your first training program to gain and maintain success as a Lash Stylist.

Training program attendance does not guarantee a listing on Xtreme Lashes’ Lash Stylist Directory (“Directory”). You must meet all the requirements and agree to all the terms and conditions listed on Xtreme Lashes’ official Directory application to become listed. Xtreme Lashes, in its sole discretion, reserves the exclusive right to determine the requirements and prerequisites for a listing on its Lash Stylist Directory, which may change without notice. Additionally, Xtreme Lashes, in its sole discretion, reserves the right to decline your application for a listing or to remove your existing listing for any reason or for no reason. Xtreme Lashes may decline your Directory application or remove your Directory listing for various reasons, including but not limited to:

1. Your business is primarily a nail salon, or your full-service salon features “nail” or “nails” in its business name. An application of Xtreme Lashes^® eyelash extensions is a luxury service.
2. You fail to meet Xtreme Lashes’ minimum advertised price (MAP) requirements for an application of a full set of lashes, a re-lash application, or Xtreme Lashes by Jo Mousselli branded retail products;
3. You fail to meet minimum product purchase requirements for a listing;
4. The use or advertisement of competing eyelash extension application techniques, application products, and consumer after-care products. From a “truth in advertising” perspective, it is a violation of Xtreme Lashes policies and the Federal Lanham Act to convey the impression to consumers that the eyelash extension application techniques or products of another company are endorsed by Xtreme Lashes. For example, a coffee shop offering Maxwell House^® brand coffee cannot proclaim to the public that it serves Starbucks^® brand coffee
5. You promote and/or sell professional eyelash extensions application supplies or training programs which violates your agreement not to compete with Xtreme Lashes (per Section V of this Agreement);
6. Xtreme Lashes receives repeated consumer complaints regarding the eyelash extensions application services or customer service that you provide; or
7. The business relationship between you and Xtreme Lashes becomes severed due to violation of these terms and conditions or for any other reason.

1. Use of the Website
   
   
   1. Xtreme Lashes makes no representations or warranties about the completeness or accuracy of its website content. The Xtreme Lashes website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Xtreme Lashes, LLC, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. ALL RIGHTS RESERVED.
   2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if Xtreme Lashes provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by any applicable end user license agreement for such applications; and (iii) if Xtreme Lashes provides social media features to you at any time, you may take such actions as are enabled by such features.
   
   
   
2. Use of Proprietary Training Materials

   You certify that by purchasing Xtreme Lashes Products and/or Training Programs and/or attending any Xtreme Lashes training program, you are not an owner, employee, independent contractor, or educator of any competitor of Xtreme Lashes that sells professional grade eyelash extensions products/supplies/implements for resale and/or training programs for sale/profit. If you violate these terms or conditions, then Xtreme Lashes reserves the right to pursue all legal and equitable remedies against you.

   You are expressly prohibited from using Xtreme Lashes’ proprietary copyrighted training program materials to train others. You are prohibited from demonstrating any of the techniques or procedural information obtained from Xtreme Lashes to any other person, including, but not limited to, co-workers, employees, contractors, friends, or family members.

   You acknowledge that the following proprietary materials items are the property of Xtreme Lashes. All physical copies must be returned to Xtreme Lashes and electronic copies must be destroyed within 10 business days if you are decertified or the business relationship between you and Xtreme Lashes has been severed:

   1. All Xtreme Lashes educational materials including but not limited to Student Training Manual(s) and Tutorials;
   2. All Xtreme Lashes Student PowerPoint Presentation(s);
   3. All unused Xtreme Lashes Waiver Forms, Client History Folders, Client Consultation Forms, Order Forms and Application Forms;
   4. All Xtreme Lashes Marketing Literature and Marketing Materials, including proprietary photos and logos;
   5. All Xtreme Lashes Certificates.

   You also acknowledge that you are not authorized to copy, distribute, or otherwise disseminate to any other person, including but not limited to co-workers, employees, contractors, friends, or family members the above proprietary materials accessed during any Xtreme Lashes training program.

3. Non-Competition Clause

   You agree that you will not, directly or indirectly, solicit or sell eyelash extensions training programs or products in competition with Xtreme Lashes within the United States of America during your relationship with Xtreme Lashes and for a period of two (2) years from the date that either party gives written notice to the other of its intent to terminate the business relationship.

4. Use of Branded Marketing Materials and Intellectual Property

   You or someone working with you or for you must be hands-on trained at an official Xtreme Lashes Training and Certification program to purchase and use Xtreme Lashes co-branded marketing materials (including, but not limited to: posters, brochures, and window clings).

   To purchase or use co-branded marketing materials (customizable marketing materials that feature both your business or brand name and the Xtreme Lashes Brand name), you or someone working with or for you must be:

   1. Hands-on trained at an official Xtreme Lashes Training and Certification program;
   2. Xtreme Lashes certified;
   3. Listed on the Xtreme Lashes Lash Stylist Directory; and
   4. Have a completed and approved Proprietary Property Agreement on file with Xtreme Lashes.

   Xtreme Lashes, at its sole discretion, reserves the right to prohibit, ask you to remove, update, or modify your use of our branded intellectual property, including but not limited to: photos, logos, videos, digital or printed marketing or educational material at any time, for any reason or no reason. You agree that by choosing to advertise any of our brands, you will abide by any of our brand guidelines that may be issued to you during your business relationship with us.

5. Advertising and Sale of Branded Products and Services

   Clients in good standing are encouraged to promote that they use Xtreme Lashes by Jo Mousselli® eyelash extensions professional application products and supplies, provide Xtreme Lashes by Jo Mousselli® eyelash extensions services, and that they retail to consumers the consumer grade Xtreme Lashes by Jo Mousselli® and the Jo Mousselli® aftercare and cosmetic products on their menu of services, online, and onsite at their brick and mortar business locations. However, to protect the Xtreme Lashes trademark and Brand Name, clients are NOT permitted to use “Xtreme Lashes” (or any derivative thereof) in their business name (example: Xtreme Lashes by Jane), or use the term “Xtreme Lashes” within their website domain address or within their social media handle (example: www.xtremelashesbyjane.com).

   The resale of Xtreme Lashes by Jo Mousselli® professional eyelash extension application products is NOT permitted.

   You or someone working with or for you must be credentialed in the health or beauty industries and must have accepted our Minimum Advertised Price (MAP) policy to purchase at wholesale prices or sell Xtreme Lashes by Jo Mousselli® and Jo Mousselli® branded consumer cosmetic and aftercare products on your business website and/or inside your place of business. However, you may not sell Xtreme Lashes by Jo Mousselli and Jo Mousselli branded consumer aftercare and cosmetic products on third-party websites or in third-party business establishments without obtaining prior written permission from Xtreme Lashes. Any business establishment that sells Xtreme Lashes by Jo Mousselli and Jo Mousselli branded consumer cosmetic and aftercare products, whether your own or an approved third-party business establishment who sells on your behalf, must agree to abide by all MAP guidelines that may be furnished by Xtreme Lashes. Xtreme Lashes reserves the right, in its sole discretion, to change its advertised MAP guidelines and/or to deny approval of the resale of Xtreme Lashes by Jo Mousselli and Jo Mousselli branded consumer aftercare and cosmetic products for any reason or no reason.

   If you become a retailer of Xtreme Lashes by Jo Mousselli and Jo Mousselli branded cosmetic products, (including but not limited to the Amplifeye® line of products), you agree that you will not market, promote, or claim, verbally or in writing, that said products are intended to affect the structure or any function of the human body, or any portion thereof. You agree that you will comply with all applicable laws, rules and regulations concerning the advertising, packaging, marketing and sale of the products.

   You further agree that you will make no representation, guaranty or warranty, either express or implied, with respect to the products, beyond those contained in Xtreme Lashes’ approved package label and product instructions, without the express written consent of Xtreme Lashes. You do not have the right power, or authority to make any representation, guaranty or warranty on behalf of Xtreme Lashes.

6. Breach of Intellectual Property Terms and/or Non-Competition Clause

   If you breach any of the conditions contained herein or engage in any other activity deemed to violate Xtreme Lashes’ policies, including, but not limited to, the training of other individuals without the prior written approval of Xtreme Lashes, then Xtreme Lashes reserves the right to, among other actions permitted under law: 1) demand the immediate return of all Xtreme Lashes Proprietary Property; 2) cease selling products to you or the location(s) where you apply eyelash extensions 3) remove your contact information and/or the location(s) where you apply eyelash extensions from Xtreme Lashes’ Directory page on its website and/or 4) pursue all legal and equitable remedies allowed by law.

ERRORS & INACCURACIES

While Xtreme Lashes makes every effort to provide current, complete, accurate information on our website, errors or inaccuracies may occur, including price information. In the rare event that there is an error, inaccuracy, or omission, Xtreme Lashes reserves the right to correct the issue and change or update information at any time without prior notice. If you placed an order that will be affected by the change, Xtreme Lashes reserves the right to contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Xtreme Lashes reserves the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

TRAINING REFUND/RESCHEDULING POLICY

1. THE FOLLOWING APPLIES TO INDIVIDUALS WHO PURCHASE THEIR TRAINING FROM XTREME LASHES:

   XTREME LASHES RESERVES THE RIGHT TO REFUSE TO SELL TRAININGS TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

   DUE TO THE HIGH DEMAND FOR TRAINING SEATS AND THE COMPLEXITY ASSOCIATED WITH THE LOGISTICS OF RESCHEDULING AND CANCELLATIONS OF TRAINING, THE FOLLOWING TERMS AND CONDITIONS APPLY:

   1. IF YOU CANCEL YOUR TRAINING PURCHASE AFTER THE FREE PROMOTIONAL ITEMS (LASH EXTENSION PRODUCTS, SUPPLIES, EQUIPMENT, TOOLS, FURNITURE, ETC.) INCLUDED WITH THE PURCHASE OF YOUR TRAINING HAVE BEEN SHIPPED (EVEN IF NOT YET RECEIVED), YOU WILL BE RESPONSIBLE FOR PAYING THE SHIPPING COST TO RETURN THE SHIPMENT BACK TO XTREME LASHES.
      
      
   2. YOU WILL BE GIVEN A RETURN AUTHORIZATION NUMBER (RMA#) WITH SHIPPING INSTRUCTIONS. PRODUCTS TO BE RETURNED MUST ARRIVE BACK TO XTREME LASHES WITHIN SEVEN (7) DAYS FROM RECEIVING YOUR RMA# IN ORDER FOR YOU TO BE ELIGIBLE FOR A REFUND OF ANY KIND. IF PRODUCT(S) IS/ARE RECEIVED AFTER 7 DAYS AND YOU WISH FOR XTREME LASHES TO RETURN THE MERCHANDISE TO YOU, YOU WILL BE RESPONSIBLE FOR PAYING ALL SHIPPING FEES. OTHERWISE, XTREME LASHES WILL SCRAP THE MERCHANDISE.
      
      
   3. ONCE THE RETURN SHIPMENT OF THE PROMOTIONAL ITEMS HAS BEEN RECEIVED BY XTREME LASHES, YOUR REFUND, LESS THE COST OF SHIPPING & HANDLING, CANCELLATION FEES, AND ANY MISSING, TAMPERED WITH, OR INGREDIENT-BASED ITEMS, WILL BE ISSUED WITHIN 28 DAYS AFTER THE RETURN IS PROCESSED. REDEEMED REWARDS POINTS ARE NON-REFUNDABLE AND WILL NOT BE CREDITED BACK TO YOUR ACCOUNT.
      
      
   4. IF YOU QUALIFY FOR A REFUND, YOU MAY OPT FOR A REFUND VIA YOUR ORIGINAL METHOD OF PAYMENT OR VIA PRODUCT CREDIT. IF YOU OPT FOR A REFUND VIA PRODUCT CREDIT, XTREME LASHES WILL GRANT YOU A $50 DISCOUNT ON YOUR CANCELLATION FEES. ALL UNUSED CREDITS REGARDLESS OF THE TYPE (PRODUCT, PROMOTIONAL, RETAIL AFFILIATE, MODEL, REFERRAL REWARD, RETURN/EXCHANGE, GIFT CARD, ETC.) EXPIRE AT ONE YEAR FROM THE DATE THEY WERE ISSUED (ON DAY 366). HOWEVER, IF YOUR XTREME LASHES ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED CREDITS WILL BE REMOVED. XTREME LASHES RESERVES THE RIGHT TO MODIFY ITS PROMOTIONAL AND PRODUCT CREDIT POLICY FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE.
      
      

2. RESCHEDULING AND CANCELLATION FEE CHART (ALL TRAINING)

   You can scroll left or right, or turn your mobile device to its landscape position to view table(s).

   Timeline	Rescheduling Fees	Rescheduling Fees due to No Shows to Pre-Training Scheduled Appointments*	Cancellation Fees (other than Xtreme Lashes Interest Free Payment Plan)	Cancellation Fees when paid via Xtreme Lashes Interest Free Payment Plan
   Within 24 Hours of Purchase	$0 for 1st reschedule, then $200 for each additional reschedule	$200 for each reschedule	$150	$150
   >14 Calendar days Prior to 1st Day of Training (and not within the 1st 24 hours of purchase)	$0 for 1st reschedule, then $200 for each additional reschedule	$200 for each reschedule	$250	Payment Plan deposit or cancellation fee, whichever is greater.
   6 - 14 Calendar Days Prior to 1st Day of Training (and not within the 1st 24 hours of purchase)	$200 for each reschedule	$200 for each reschedule	No refunds issued	No refunds issued
   1 - 5 Calendar Days Prior to 1st Day of Training (and not within the 1st 24 hours of purchase)	$450	$450	No refunds issued	No refunds issued
   Between the 1st Day and Last Day of Training	Not applicable. If you "no-show," are tardy, or incomplete the training you will forfeit your seat and no rescheduling or refund will be granted. If you wish to re-enroll into future training, you will be required to pay full cost of new training.	Not applicable. If you "no-show," are tardy, or incomplete the training you will forfeit your seat and no rescheduling or refund will be granted. If you wish to re-enroll into future training, you will be required to pay full cost of new training.	Not applicable. If you "no-show," are tardy, or incomplete the training you will forfeit your seat and no rescheduling or refund will be granted. If you wish to re-enroll into future training, you will be required to pay full cost of new training.	Not applicable. If you "no-show," are tardy, or incomplete the training you will forfeit your seat and no rescheduling or refund will be granted. If you wish to re-enroll into future training, you will be required to pay full cost of new training.

   * Pre-Training Scheduled Appointments include the Pre-Training Registration Call conducted within the first 24 hours of purchase and the Pre-Training Technology Support Call, conducted Monday-Thursday prior to the first Training Day.

    

   PRIVATE TRAINING CANCELLATION/RESCHEDULING FEE CHART

   PRIOR TO TRAINING START DATE:	RESCHEDULING FEE	CANCELATION FEE
   OVER 14 DAYS	30% OF THE TOTAL PRICE	50% OF THE TOTAL PRICE
   3-14 DAYS	50% OF THE TOTAL PRICE	70% OF THE TOTAL PRICE
   LESS THAN 3 DAYS	NO RESCHEDULING ALLOWED	NO REFUNDS WILL BE PROVIDED

   *For orders on payment plans: The fee outlined above or the payment plan deposits, whichever is greater.
   
   

XTREME LASHES RESERVES THE RIGHT TO REFUSE TO SELL TRAINING PROGRAMS OR PRODUCTS TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

1. REFUND AND EXCHANGE POLICIES

   THE FOLLOWING RETURN POLICY APPLIES TO DOMESTIC PROFESSIONAL STYLISTS AND INTERNATIONAL SALON ACCOUNTS (ISAS) WISHING TO RETURN INGREDIENT AND NON-INGREDIENT PRODUCTS ONLY. THIS POLICY DOES NOT APPLY TOWARD TRAINING PURCHASES OR LASH APPLICATION TRAINING SUPPLIES THAT ARE INCLUDED IN TRAINING PACKAGES. SEE SECTION VII FOR DETAILS ON TRAINING-RELATED PURCHASES.

   XTREME LASHES ENDEAVORS TO SHIP PRODUCTS AND PROVIDE SERVICES OF ONLY THE HIGHEST QUALITY.

   IF YOU CANCEL YOUR PURCHASE AFTER YOUR ORDER HAS BEEN SHIPPED BUT BEFORE IT ARRIVES TO THE DELIVERY ADDRESS PROVIDED, YOU WILL BE RESPONSIBLE FOR PAYING THE SHIPPING COST TO RETURN THE SHIPMENT BACK TO XTREME LASHES.

   PLEASE INSPECT YOUR ORDER IMMEDIATELY UPON RECEIPT. IF YOU DETERMINE THAT ANY OF THE ITEMS IN YOUR ORDER ARE MISSING OR INCORRECT, PLEASE NOTIFY XTREME LASHES TO CORRECT THE ORDER WITHIN FOURTEEN (14) DAYS OF ORDER RECEIPT.

   DUE TO ISSUES OF HYGIENE, XTREME LASHES CANNOT ACCEPT PRODUCT RETURNS AFTER PACKAGING HAS BEEN OPENED. WITHIN 14 DAYS OF DELIVERY, YOU MAY ELECT TO RETURN UNOPENED, UNUSED MERCHANDISE BY CONTACTING XTREME LASHES AT 1-877-244-5274. YOU WILL BE GIVEN A RETURN AUTHORIZATION NUMBER (RMA#). PRODUCTS TO BE RETURNED MUST ARRIVE BACK TO XTREME LASHES WITHIN SEVEN (7) DAYS FROM RECEIVING YOUR RMA# IN ORDER TO BE ELIGILBE FOR ANY TYPE OF REFUND. IF PRODUCT(S) IS/ARE RECEIVED AFTER 7 DAYS AND YOU WISH FOR XTREME LASHES TO RETURN THE MERCHANDISE TO YOU, YOU WILL BE RESPONSIBLE FOR PAYING ALL SHIPPING FEES. OTHERWISE, XTREME LASHES WILL SCRAP THE MERCHANDISE.

   ONCE RECEIVED, YOUR REFUND WILL BE APPLIED IN AN AMOUNT EQUAL TO THE PURCHASE PRICE (LESS SHIPPING FEES, TAXES AND A PROCESSING FEE EQUAL TO 20% OF THE PURCHASE PRICE), VIA YOUR ORIGINAL PAYMENT METHOD. PROMOTIONS APPLIED TO THE ORIGINAL ORDER MAY AFFECT THE FINAL REFUND AMOUNT. IF YOUR ORIGINAL PAYMENT METHOD WAS VIA CREDIT CARD OR PAYPAL, YOU ALSO HAVE THE OPTION TO RECEIVE A CREDIT AGAINST FUTURE PURCHASES IN AN AMOUNT EQUAL TO THE PURCHASE PRICE LESS SHIPPING FEES AND TAXES, AND XTREME LASHES WILL WAIVE THE 20% PROCESSING FEE.

   CREDITS ACCRUED ON YOUR ACCOUNT SHALL REMAIN ON YOUR ACCOUNT UNTIL THEY ARE REDEEMED FOR QUALIFYING PURCHASES OR UNTIL THEY EXPIRE, WHICHEVER OCCURS FIRST. ALL UNUSED CREDITS REGARDLESS OF THE TYPE (PRODUCT, PROMOTIONAL, RETAIL AFFILIATE, MODEL, REFERRAL REWARD, RETURN/EXCHANGE, GIFT CARD, ETC.) EXPIRE AT ONE YEAR FROM THE DATE THEY WERE ISSUED (ON DAY 366). HOWEVER, IF YOUR XTREME LASHES ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED CREDITS WILL BE REMOVED. XTREME LASHES RESERVES THE RIGHT TO MODIFY ITS PROMOTIONAL & PRODUCT CREDIT POLICY FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE. IF YOU USED REWARD POINTS TO REDUCE YOUR PAYMENT ON YOUR ORDER THAT WAS RETURNED, THOSE POINTS ARE NOT REFUNDABLE AND WILL NOT BE CREDITED BACK TO YOUR ACCOUNT.

   IF YOU DETERMINE THAT PRODUCTS SHIPPED TO YOU ARE DEFECTIVE, YOU MUST INFORM XTREME LASHES OF THEIR CONDITION WITHIN FOURTEEN (14) DAYS OF RECEIPT AT 1-877-244-5274. YOU WILL BE GIVEN AN RMA# WITH SHIPPING INSTRUCTIONS. ALL PRODUCTS MUST BE RETURNED IN ORIGINAL PACKAGING WTIHIN 7 DAYS OF BEING ISSUED THE RMA# IN ORDER TO QUALIFY FOR ANY TYPE OF EXCHANGE OR REFUND. PRODUCT WILL BE EVALUATED UPON RECEIPT. IF PRODUCT IS DETERMINED TO BE DEFECTIVE, XTREME LASHES RESERVES THE RIGHT TO EITHER REPLACE DEFECTIVE PRODUCT, PROVIDE CREDIT FOR THE VALUE OF THE PURCHASE PRICE, OR PROVIDE A REFUND OF THE PURCHASE PRICE. IF PRODUCT IS NOT DETERMINED TO BE DEFECTIVE, XTREME LASHES RESERVES THE RIGHT TO PROVIDE CREDIT FOR THE VALUE OF THE PURCHASE PRICE OR PROVIDE A REFUND OF THE PURCHASE PRICE LESS A PROCESSING FEE EQUAL TO 20% OF THE PURCHASE PRICE AND, IF YOU WISH FOR XTREME LASHES TO RETURN THE MERCHANDISE TO YOU, YOU WILL BE RESPONSIBLE FOR PAYING ALL SHIPPING FEES.

   ONCE YOUR RETURN SHIPMENT HAS BEEN RECEIVED BY XTREME LASHES, YOUR REFUND OR CREDIT AS EXPLAINED ABOVE, WILL BE ISSUED WITHIN 14 BUSINESS DAYS AFTER THE RETURN IS PROCESSED.

2. PROMOTIONAL & PRODUCT CREDIT POLICY
   
   PROMOTIONAL & PRODUCT CREDITS ACCRUED ON YOUR ACCOUNT SHALL REMAIN ON YOUR ACCOUNT UNTIL THEY ARE REDEEMED FOR QUALIFYING PURCHASES OR UNTIL THEY EXPIRE, WHICHEVER OCCURS FIRST. ALL UNUSED CREDITS REGARDLESS OF THE TYPE (PRODUCT, PROMOTIONAL, RETAIL AFFILIATE, MODEL, REFERRAL REWARD, RETURN/EXCHANGE, GIFT CARD, ETC.) EXPIRE AT ONE YEAR FROM THE DATE THEY WERE ISSUED (ON DAY 366). FROM TIME TO TIME, THE TERMS OF EXPIRATION FOR PROMOTIONAL CREDITS MAY VARY, AND THE SPECIFIC EXPIRATION DATE WILL BE DISCLOSED TO YOU AT THE TIME OF ISSUANCE. IF YOUR XTREME LASHES ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED CREDITS ACCRUED ON YOUR ACCOUNT WILL EXPIRE IMMEDIATELY. XTREME LASHES RESERVES THE RIGHT TO MODIFY ITS PROMOTIONAL & PRODUCT CREDIT POLICY FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE.
3. Xtreme Rewards™ Program Points Terms and Conditions
   
   
   1. General
      
      Enrollment and use of the Xtreme Rewards™ Program Points benefits are offered at the discretion of Xtreme Lashes, LLC. Xtreme Lashes reserves the right to cancel, modify, or restrict the Xtreme Rewards Points program (“Program”), including without limitation, point redemption rules, point conversion ratio, and the point expiration policy at any time, with or without notice, even if changes affect the value of Xtreme Rewards™ Program Points already accumulated. You are responsible for remaining knowledgeable about the program’s terms and conditions. An account Xtreme Rewards™ Program Points balance, as reflected in Xtreme Lashes records, shall be deemed correct. Xtreme Lashes reserves the right to determine the amount of Xtreme Rewards™ Program Points in any account based on Xtreme Lashes internal records related to such account. In the event of an inconsistency between the amounts stated on any order receipt or online and Xtreme Lashes internal records, Xtreme Lashes internal records will control. Xtreme Lashes assumes no responsibility for errors related to calculation and tabulation of Xtreme Rewards™ Program Points. The sale of Xtreme Rewards™ Program Points is prohibited and may result in the confiscation or cancellation of your Xtreme Rewards™ Program Points as well as suspension or termination of your account, which in each case shall be final and conclusive. Xtreme Lashes may revoke any Xtreme Rewards™ Program Points at any time if account holder engages in abuse of the program or fails to follow the terms and conditions of the program. If your Xtreme Lashes account is suspended for any reason, your Xtreme Rewards™ Program Points will be forfeited immediately. Fraud or abuse relating to the accrual or redemption of Xtreme Rewards™ Program Points may result in revocation of membership in the Program and may affect an account’s eligibility for participation in any other Xtreme Lashes program. Xtreme Rewards™ Program Points are non-transferable and cannot be redeemed for cash. The interpretation and application of the program's Terms and Conditions are at the sole discretion and determination of Xtreme Lashes.
      
      
   2. Accrual and Redemption of Xtreme Rewards™ Program Points
      
      Professional accounts in good standing accrue 1% Xtreme Rewards™ Program Points when they purchase qualifying products, excluding all federal taxes, state taxes, local taxes, use taxes, and shipping fees. Xtreme Lashes reserves the right to change the Xtreme Rewards™ Program Points percentage accrued, from time to time in its sole discretion, for any reason or for no reason. Xtreme Rewards™ Program Points will be added to your Account immediately once the payment is made in full for qualifying products. The time of issuance of Xtreme Rewards™ Program Points is subject to change. Xtreme Rewards™ Program Points will not be earned on any miscellaneous charges or credits. Xtreme Rewards™ Program Points are accrued based on the final purchase price after discounts and adjustments (not the original price). For example, if a qualifying product that is normally $100 is on sale for $75, the account will only earn Xtreme Rewards™ Program Points on the purchase price of $75. If the redemption of Xtreme Rewards™ Program Points reduces the qualifying purchase amount on an order, then the Xtreme Rewards™ Program Points accrued for that order will be based on the actual net dollar amount spent. Unless otherwise communicated in writing, Xtreme Rewards™ Program Points earned through two or more accounts may not be combined for redemption. Xtreme Lashes reserves the right to modify or discontinue the Xtreme Rewards™ Program Points Program at its sole discretion, with or without notice, for any reason or for no reason.
      
      
   3. Returns
      
      Xtreme Rewards™ Program Points earned from a purchase that is subject to a return, refund, returned check, or other credit will be deducted from the account in an amount equal to the Xtreme Rewards™ Program Points earned for the original transaction, upon the completion of the return process. Returns or credits applied to your account may reduce the Xtreme Rewards™ Program Points already earned and may result in a negative Xtreme Rewards™ Program Points balance. In such a case, you may not receive a full refund or credit. Redeemed Xtreme Rewards™ Program Points are non-refundable and will not be credited back to your account.
      
      
   4. Xtreme Rewards™ Program Points Expiration
      
      Xtreme Rewards™ Program Points accrued on your account shall remain on your account until they are redeemed for qualifying purchases or until they expire, whichever occurs first. All unused Xtreme Rewards™ Program Points expire at one year from the date they were issued (on day 366). If your Xtreme Lashes Account is suspended or terminated for any reason, then any unused Xtreme Rewards™ Program Points accrued on your account will expire immediately. Xtreme Lashes reserves the right to modify its Xtreme Rewards™ Program Points policy for any reason or for no reason, with or without notice.
      
      
4. Xtreme Inventory Savings Program
   
   
   1. General
      
      Enrollment and use of the Xtreme Inventory Savings Program (“Program”) benefits are offered at the discretion of Xtreme Lashes. Xtreme Lashes reserves the right to cancel, modify, or restrict the Program, including without limitation, discount accrual percentages, rules and benefits at any time, with or without notice. You are responsible for remaining knowledgeable about the Program’s terms and conditions. An account’s Program discount, as reflected in Xtreme Lashes records, shall be deemed correct. Xtreme Lashes reserves the right to determine the amount of the Program discount in any account based on Xtreme Lashes internal records related to such account. In the event of an inconsistency between the amounts stated on any order receipt or online and Xtreme Lashes internal records, Xtreme Lashes internal records will control. Xtreme Lashes assumes no responsibility for errors related to calculation and tabulation of the Program discount. Xtreme Lashes may revoke the Program discount at any time if account holder engages in abuse of the Program or fails to follow the terms and conditions of the Program. If your Xtreme Lashes account is suspended for any reason, your Program discount will be forfeited immediately. Fraud or abuse relating to the accrual or redemption of the Program benefits may result in revocation of membership in the Program and may affect an account’s eligibility for participation in any other Xtreme Lashes program. The Program discount is non-transferable and cannot be redeemed for cash. The interpretation and application of the Program's terms and conditions are at the sole discretion and determination of Xtreme Lashes.
      
      
   2. Accrual and Redemption of Xtreme Inventory Savings Program Discount
      
      Professional accounts in good standing will be able to save up to 30% on Application and Retail products. The Program discount qualification accrues on a quarterly basis as the professional account purchases qualifying products, excluding all federal taxes, state taxes, local taxes, use taxes, and shipping fees. The time of issuance of the Program discount is subject to change. The Program discount will not be accrued on any miscellaneous charges or credits. The Program discounts are accrued based on the final purchase price after discounts and adjustments (not the original price). For example, if a qualifying product that is normally $100 is on sale for $75, the account will only earn the Program discount on the purchase price of $75. If Xtreme Reward™ Points or Store Credit (Promotional/ Product Credit) are used towards a purchase, the Xtreme Inventory Savings Program discounts accrued for that purchase will be based on the actual net dollar amount spent. The Program discount accrued through two or more accounts may not be combined for redemption.
      
      Your discount tier qualification will be evaluated on a calendar quarter and previous 12 calendar months, whichever is more favorable for you.
      
      The discounted prices you qualify for will be viewable once you have logged in to your Xtreme Lashes account online. You will see two price charts—one with regular product pricing and one with your discounted product pricing. Your loyalty discounts will work in combination with promotional codes. Any Weekly Special or Newsletter promotional codes you enter will be applied in addition to your loyalty discount unless otherwise specified on the promotional code. Xtreme Lashes reserves the right to modify or cancel its Xtreme Inventory Savings Program for any reason or for no reason, with or without notice.
      
      
   3. Returns
      
      Refund amounts for eligible returns will only reflect the actual price paid. Returns or credits applied to your account may reduce an account’s future Xtreme Inventory Savings Program discount.
      
      
5. Product Use
   
   You acknowledge that (a) exposure of products (particularly adhesives) sold by Xtreme Lashes to temperature extremes may cause changes in the products and that such changes may make the products unsuitable for use and (b) use of products sold by Xtreme Lashes must be used with great care by a Company trained Lash Stylist to prevent an accidental injury, especially when performing work near an individual’s eye.
   
   
6. Product Information
   
   All prices displayed on the website are quoted in U.S. Dollars.
   
   If any minor uses any goods or product from Company, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by Company 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 Xtreme Lashes website(s) is not meant to serve as a substitute for professional medical advice: this website(s) 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 product packaging or Website before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical related questions and Company’s Website and/or product packaging does not replace any medical professional or medical resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the website(s). IF YOU NEED MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
   
   
7. Shipping
   
   The following policy is applicable to all domestic and international business clients except for International Franchisees. For International Franchisee shipping policies, please contact Xtreme Lashes.
   
   Xtreme Lashes reserves the right to ship orders via any postal carrier (including, but not limited to UPS, DHL, FedEx, or the United States Postal Service (USPS)). If you have a valid e-mail address on file, you will receive a confirmation email with tracking numbers when your order has been shipped.
   
   Custom printed orders are shipped directly from a third-party printer and will be shipped separately from all other products. Xtreme Lashes’ Creative Department will send a proof of your custom order item to the e-mail address that we have on file for you. You must approve this proof before your custom item will be processed. Please allow up to 10 business days for your custom order item to arrive after you have confirmed your approval of the proof for your item.
   
   Backordered items may ship via Ground Shipping.
   
   
   
   1. Same Day Shipping
      
      2nd day, overnight, and priority orders received before 3 PM CST are shipped on the same business day Monday-Friday. If placed after 3 PM CST, then your order will be processed the following business day. Same day shipping cannot be guaranteed for orders shipped via the Ground option. Please allow up to two business days for processing and handling of Ground shipped orders.
      
      
   2. Weekend and Holiday Shipping
      
      Orders placed on weekends (Saturday or Sunday) and orders placed on Federal holidays (including, but not limited to Christmas Eve and New Year’s Eve) will be processed on the next business day following the weekend or holiday.
      
      
   3. Shipping and Handling Fees & Processing Times
      
      

      i. Continental United States* Businesses Order Total Ground 3-Day and 2-Day Shipping Next Day $0 - $149.99 $9.95 Price varies. See price and delivery options during checkout. $150.00 or More FREE Xtreme Lashes Processing Time 0 - 2 business days 0 – 1 business days 0 – 1 business days Carrier Delivery Time 1 – 5 business days 1-3 business days 1 business day *Excludes HI, AK, and U.S. Territories. See below. ii. HI, AK, U.S. Territories, and International Businesses Order Total Economy & Priority Shipping $0 - $249.99 Price varies. See price and delivery options during checkout. $250 or More FREE Economy Shipping Xtreme Lashes Processing Time 0 - 1 business days Carrier Delivery Time Depends on location

      Xtreme Lashes is not responsible for shipping delays due to weather conditions.

   4. Signature Policy
      
      Xtreme Lashes does not require a signature for delivery of orders in most cases, but reserves the right to do so. Once the delivery of an order is confirmed by the freight carrier, Xtreme Lashes is no longer liable for the order. Xtreme Lashes requires that each time a purchase is made via website or phone that you must request or decline a signature requirement on your order. Xtreme Lashes strongly recommends that you request that a signature be required if there may be a possibility of theft or damage to orders left at the delivery location. Xtreme Lashes is not responsible for any loss or damage to orders that may occur while they are in the custody of the freight carrier.
      
      
   5. FedEx Hold at Location (HAL)
      
      If you select your package to be shipped to and held at a FedEx Location for pickup, you will receive an email with tracking information and another email when the package is delivered to the selected location and is ready for pickup. FedEx will hold your package for no more than 5 calendar days before it's returned to Xtreme Lashes. If this occurs, your account will be charged to cover the extra shipping costs incurred from the return and re-shipment of products. You will need to bring a government-issued photo ID to pick up your package during normal business hours, which vary by location. For more information on FedEx Hold at Locations, please visit the FedEx Website or contact a FedEx Location near you.
      
      *IMPORTANT: If you have purchased a Career Builder Package and this shipment includes the supplies and equipment required for your upcoming Training, it is imperative that you pick up your shipment in time or risk forfeiting your seat or needing to reschedule into a future training.
   6. Address Corrections & Undeliverable Orders Returned to Xtreme Lashes
      
      Account owner is responsible for confirming correct delivery address prior to shipment. Any address change that occurs after the order has been shipped requiring an address change will result in an “Address Correction Fee” charged with the next order. Likewise, if the order is returned to Xtreme Lashes because it is undeliverable, then the Account will be charged to cover the extra shipping costs incurred from the return of products. Any unpaid fees will result in the Account being placed on a temporary hold until all outstanding fees are paid.
   
   

You agree that the Xtreme Lashes Lash Stylist Certification and Training Program creates only a buyer and seller relationship between you and the Xtreme Lashes, and does not create any other type of relationship between you and the Xtreme Lashes. You have no authority, expressed or implied, to act as an Xtreme Lashes agent for any purpose. You are, and will remain, an independent contractor responsible for all obligations and liabilities of your business, and for all claims or demands based on injury, illness or death of any person or persons, directly or indirectly, resulting from the operation of your business. Further, the Xtreme Lashes and you are not and do not intend to be partners, associates, joint ventures, agents or employees of each other in any way, and the Xtreme Lashes will not be construed to be jointly liable for any of your acts or omissions under any circumstances.

You acknowledge and agree that the Xtreme Lashes Lash Stylist Certification and Training Program is not, and should not be deemed, a franchise under federal or state law due to, among other reasons: (i) the Xtreme Lashes does not exercise significant control over, or provide significant assistance to, your method of operation; (ii) you do not engage in the business of offering, selling, distributing goods or services under a marketing plan or system prescribed in substantial part by us; (iii) while you will be authorized to distribute the Xtreme Lashes retail/consumer products bearing our trademarks, your use of our trademark will be only incidental to, and not in substantial association with, your business; and (iv) you are not required to identify your business to your customers under our trademarks or to otherwise be required to use our trademarks in a manner likely to convey to the public that you are an outlet or account of ours.

You further acknowledge and agree that the Xtreme Lashes Training Program is not, and should not be deemed, a business opportunity under federal or state law due to, among other reasons: (i) we will not assist you in starting a business; (ii) we do not represent or guarantee that you will derive income from your business which exceeds the price of the Training and Certification Program paid to us or the products you purchase from us; (iii) we will not refund all or part of the price of the Training and Certification Program paid to us, or repurchase any of the products, if you are dissatisfied with the business you operate; and (iv) we will not provide you with a comprehensive marketing plan.

1. Introduction
   
   Xtreme Lashes^® is a premium brand that produces only the highest quality products. Many of our resellers invest significant time and resources to provide consumers with exceptional products and services at non-discounted prices that reflect the premium nature of the Xtreme Lashes brand. Xtreme Lashes wants to protect their ability to do so by discouraging price-based advertising that would be detrimental to our brand and detrimental to our resellers’ efforts. Accordingly, Xtreme Lashes has unilaterally implemented this Minimum Advertised Price Policy (“MAP Policy”).
   
   
2. MAP Policy Statement
   
   Xtreme Lashes, in its sole discretion, reserves the right to discontinue doing business with any reseller who advertises any Xtreme Lashes or Jo Mousselli branded products (collectively, “Xtreme Lashes Products”) at a price lower than the MAP.
   
   
3. General Guidelines of MAP Policy
   
   The Minimum Advertised Price (“MAP”) for any Xtreme Lashes Product shall not be less than 20% below the current Manufacturer’s Suggested Retail Price (“MSRP”) as published on the Xtreme Lashes price sheet. Both the MAP and the MSRP are established by Xtreme Lashes and may be adjusted by Xtreme Lashes at its sole discretion without notice.
   
   The MAP Policy does not establish maximum advertised prices. All resellers may offer Xtreme Lashes Products at any price in greater than the MAP.
   
   Buy One Get One (BOGO) special promotions are permitted. You may offer special promotions, during which you offer a free product with the purchase of a second product and/or a free product with the purchase of a lash application service. For example, offering a free Lashista^® Cleanse & Style Kit with the purchase of a full lash application.
   
   From time to time it may be explicitly approved by Xtreme Lashes in writing to sell certain Xtreme Lashes Products below the MAP. The discount amount and length of time will be determined at the time of this approved promotion by Xtreme Lashes.
   
   From time to time Xtreme Lashes may run a sale on its products and in such case the MAP will be the same as the sale price on those specific products and on those specific dates that correspond with the Xtreme Lashes sale.
   
   
4. Advertising Guidelines
   
   The MAP Policy applies to all advertisements of Xtreme Lashes Products in all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.
   
   The MAP Policy does not apply to on premise or in-store advertising that is not distributed to customers outside of your salon.
   
   The MAP Policy does not in any way limit the ability of any reseller to advertise that “they have the lowest prices” or, they “will meet or beat any competitor’s price,” that consumers should “call for a price” or phrases of similar import if the price advertised or listed for the products is not less than the MAP.
   
   Xtreme Lashes considers website features such as “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features to be communications initiated by the reseller (rather than by the customer) and thereby they constitute “advertising” under this MAP Policy.
   
   
5. Enforcement of MAP Policy
   
   Xtreme Lashes does not intend to do business with resellers who degrade the image of Xtreme Lashes and its products. It is Xtreme Lashes’ sole discretion whether to provide prior notice or issue warnings before taking any action under the MAP Policy. A reseller’s intentional or repeated failure to abide by the MAP policy will result in termination of its relationship with Xtreme Lashes.
   
   Xtreme Lashes monitors the advertised prices of resellers. Resellers are expected to provide reasonable cooperation in any investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a MAP Policy investigation is a violation of this MAP Policy.
   
   

You “opted in” to the Xtreme Lashes text messaging program through the completion of a form on the website, by creating an account, and/or by placing a purchase order. By “opting in” to Xtreme Lashes text messaging program, you accept these Terms & Conditions and agree to resolve disputes with Xtreme Lashes through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Governing Law” section below.

By opting in:

• You expressly consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from Xtreme Lashes, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
• You consent to the use of an electronic record to document your opt-in.

Message frequency will vary. Xtreme Lashes reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Xtreme Lashes also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Opt into text promotional offer not valid on the purchase of gift cards, previous orders, taxes or shipping. One time use only; may not be combined with other coupons, offers or training events.

Texting is available to USA phone numbers only. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Xtreme Lashes, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Xtreme Lashes Privacy Policy.

Cancellation

Reply STOP to cancel or call Customer Service at 877-244-5274. You will receive a confirmation text that you have been opted out. You may opt-out at any time.

1. Privacy Policy
   
   Xtreme Lashes takes our responsibility to protect the privacy and confidentiality of your information, including personal information, very seriously. We maintain physical, electronic and procedural safeguards that comply with applicable legal standards to secure such information from unauthorized access and use, alteration and destruction. We hold our employees accountable for complying with relevant policies, procedures, rules and regulations concerning the privacy and confidentiality of information.
   
   
   1. We may disclose information we have about you as required or permitted by law. For example, we may share information with regulatory authorities and law enforcement officials when we believe in good faith that such disclosure is necessary to comply with legal requirements. We may share information with third parties where appropriate to protect against fraud or verify or enforce our terms of use, our other rights, or other applicable policies.
   2. From time to time, we may execute agreements with other companies to provide services to us, or to make services and products available to you. Under these agreements, these companies may receive your personal information, but they must safeguard this information, and they may only use it for those purposes we specify.
   3. We may use the information we collect from you to help us deliver our online services; to administer, evaluate and improve our business (including developing new products and services, improving existing products and services, performing data analytics, and performing accounting, auditing and other internal functions); manage our risks; market our services and products; and to comply with and enforce applicable laws and regulations, relevant industry standards, contractual obligations and our policies. We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual clients) for various business purposes, where permissible under applicable laws and regulations.
   
   
2. Authorized Purchasers and Account Security
   
   You are responsible for maintaining the security of your account by updating and correcting information as it changes, including notifying Xtreme Lashes of any new/terminated Lash Stylists or employees and/or any new/terminated users with purchasing access. You must safeguard your password and security pin and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting with your account password/pin is you. You agree that you are solely responsible for any activity that occurs under your account. As part of your account settings, you have the option to save shipping addresses to your account. You will also have the option to save credit cards and bank accounts as “Payment Methods” on your account.
   
   You understand that all “Purchasers” you grant purchasing access to will have access to update shipping addresses, payment methods, and place orders on your Xtreme Lashes account. Unless opted out, the Purchaser will receive business and promotional emails and text messages related to your account. The Purchaser will be expected to approve and adhere to all terms and conditions related to the purchase(s) made on your account. You will be responsible for all orders placed on your account by any authorized purchaser. If you would like to add or remove an authorized purchaser on your account, you understand that you must contact Xtreme Lashes to grant and revoke purchasing privileges.
   
   
3. Cookie Policy
   
   By using this site, you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this site, please either disable cookies or refrain from using this site.
   
   There are two main types of cookies:
   
   Types of Cookies
   
   
   1. Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
   2. Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to "recognize" you on your return, remember your preferences, and tailor services to you.
   
   
   Our Use of Cookies
   
   We currently use, and may use in the future, the following types of cookies on this website:
   
   We use session cookies to:
   
   1. Help us maintain security and verify your details while you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.
   
   We use persistent cookies to:
   
   1. Help us recognize you as a unique user when you return to our website so that you do not have to input your details multiple times as you move between our pages or services
   2. Remember how you have customized your use of this site, such as your preferred currency and time zone
   3. Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.
   4. To keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
   
   
   In addition to session cookies and persistent cookies, we may use other types of cookies (or other similar types of technologies) which are set by our website to provide us or third parties with information.
   
   Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our website; e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a large file. In addition to cookies which send information to us, we also use cookies which collect information and send it to third parties. An example of this is Google Analytics. We use Google Analytics to help collect and compile information like the number of visitors to the site, where visitors have come to the site from and the pages they visited. Visit Google’s site for an overview of privacy at Google and information on how to opt out of the Google Analytics cookie.
   
   Disabling Cookies
   
   Most browsers are initially set to accept cookies. However, you can disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies, visit the “Help” section on your browser. As our cookies allow you to access some of our website’s features, we recommend that you leave cookies enabled. Otherwise, if cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using this site altogether.
   
   

The following applies to individuals who purchase their Training Program directly from Xtreme Lashes:

Notwithstanding any other provision of this Agreement to the contrary, if Xtreme Lashes is prevented from performing its obligations hereunder as a result of any contingency which is beyond its reasonable control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, extreme weather conditions, earthquake, unforeseen unavailability of an Xtreme Lashes Trainer for reasons beyond the control of such party (such as interruptions in the Trainer’s travel schedule or illness, or other similar occurrence) (any such event, a "Force Majeure Event"), then Xtreme Lashes shall be excused from its inability to perform its obligations hereunder, but only to the extent of the Force Majeure Event in question. Xtreme Lashes will provide reasonably prompt notice of the occurrence of such Force Majeure Event. Account Holder acknowledges that Xtreme Lashes cannot be held liable for postal carrier delivery delays in conjunction with a Force Majeure Event. Regarding raining program delays upon the occurrence of such Force Majeure Event, Xtreme Lashes may delay the scheduled training program and shall reschedule the training program hereunder as soon as reasonably practicable following the date of such occurrence.

If an Xtreme Lashes training program cannot be conducted because of a lack of minimum student attendance, then Xtreme Lashes reserves the right to reschedule the training program. If Xtreme Lashes cancels or reschedules a training program, registered participants may elect to apply the monies paid for the cancelled training program to a future training program within 12 months of the cancelled training program date. Xtreme Lashes will honor a request for a full refund of cancelled training program fees submitted in writing and received in its corporate office via fax or mail within seven (7) days of cancelled training program date. Such a refund only applies to training program fees, not to other fees or expenses registered participants may have incurred, including, but not limited to, lost wages, travel, or lodging expenses.

Online Educational Services

Access to an online Training Program may be suspended without notice in the case of system failure, maintenance, repair, or for reasons beyond Xtreme Lashes’ control. Xtreme Lashes cannot be held liable for any problems or technical malfunctions experienced by Trainers, Training Program attendees, or third-party service providers, such as power outages, delays in operation, failed or unavailable hardware, software, network, or internet services, or damage to any person's computer or electronic devices.

The following applies to individuals who purchase their Training Program via Third Party Vendors:

If you registered through a Third-Party Vendor (including, but not limited to Beauty Schools), then, in lieu of the paragraph above, the Vendor is responsible for rescheduling you or providing you a refund, per the Vendor’s policies. Xtreme Lashes is not responsible or liable for transactions performed by Third-Party Vendors.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD XTREME LASHES AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, TRAINERS, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER “XTREME LASHES, ET AL”) HARMLESS AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO REGISTRATION OR ATTENDANCE AT XTREME LASHES TRAINING PROGRAMS OR THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY XTREME LASHES, ET AL., INCLUDING, BUT NOT LIMITED TO INTELLECTUAL PROPERTY OF XTREME LASHES, ET AL. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY XTREME LASHES, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY). NOTWITHSTANDING THE ABOVE, XTREME LASHES LIABILITY, IF ANY, WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of Texas in accord with such procedures as may be acceptable to the parties.

This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.