Terms of Use

These American Lash Association (“Association”) Website Terms of Use (“Terms of Use”) govern your use of our website located at https://americanlashassociation.org and any resources, publications, tools, and materials accessible or otherwise made available from our website (collectively the “Site”). By using the Site, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. If you object to any term or condition of these Terms of Use or any modifications thereto, your only recourse is to immediately discontinue use of the Site.

1. Right to Use. Subject to your continued acceptance of, and compliance with, these Terms of Use, you are granted a personal, revocable, limited, non-exclusive, non-transferable right to access and use the Site. You may view and use the Site for your personal, informational, non-commercial use and for no other purpose. Except as expressly provided in these Terms of Use, you may not reproduce, modify, display, or distribute the Site without the Association’s prior written consent. The Association reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any part of the Site at any time. The Association may also impose limits on certain features of the Site or restrict access to any part or all of the Site without notice or penalty. Due to the nature of the ALA’s  membership perks, discounts and content, ALA membership fees are non-refundable. You may cancel your auto renewal at any time during your membership.
2. Restrictions. Unless otherwise expressly stated in these Terms of Use, you may not publish, republish, modify, translate, create derivative works of, copy, distribute, market, display, compile, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Site, any content accessible from the Site (“Site Content”), or any portion thereof without the Association’s prior written consent. Further, you may not (i) use the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including Site Content; (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Site.
3. Your Acceptance; Revisions to Terms of Use. The Site is available only to individuals and business entities that can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the Association regarding your use and access to the Site. By using the Site you agree to these Terms of Use. The Association reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site constitutes your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.
4. Additional Terms. Before using certain areas of the Site, you may be asked to indicate your acceptance of additional terms and conditions by clicking a button marked “I Accept”, “I Agree”, “Okay”, “I Consent”, or other words or actions (such as clicking or selecting a checkbox) that similarly acknowledge your consent or acceptance of these additional terms and conditions. To the extent there is a conflict between these Terms of Use and any such additional terms and conditions, the additional terms and conditions will govern as to such conflict.
5. Personal Login Information. Certain features and areas of the Site are available only with registration, login, and/or a paid membership subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain its confidentiality, such as logging off and closing the internet browser, especially when you are connected to the internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The Association is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the Association immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
6. Privacy Policy. For information about the Association’s data protection practices and its use and protection of your personal information, please read the Association’s Privacy Policy which is incorporated into and made a part of these Terms of Use.
7. Proprietary Rights. All trademarks, service marks, and logos on the Site are the property of their respective owners. The Association owns various trademarks, service marks, and logos displayed on the Site. Unauthorized use of any Association (or of any third-party) trademark, service mark, or logo may violate the Association’s or a third party’s legal rights. You must obtain the Association’s written permission prior to using any trademark, service mark, or logo of the Association. The Site and all Site Content is the property of the Association, its licensors, sponsors, partners, advertisers, content providers or other third parties, as applicable, and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Site Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Association (or the owner of such content if the Association is not the owner). You may not alter, delete, obscure or conceal any copyright or other notices appearing on the Site Content, including any such notices appearing on any Site Content you are permitted to download, transmit, display, print, or reproduce from the Site.
8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site, and that you will not interfere with the use and enjoyment of the Site by other users or with the Association‘s operation and management of the Site. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site, including, without limitation, information required to be provided through an Association registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the Association reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Site.
9. Third Party Information. The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, products, offers or other information made available by third parties such as content providers and other users of the Site is that of the respective third party and not of the Association or its affiliates. The Association makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services, or products.
10. Notice For Claims Of Intellectual Property Or Copyright Infringement. The Association respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Association’s copyright agent the following information:

1. 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. a description of where the material that you claim is infringing is located on the site;
   4. your address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      
      The Association’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
      
      The American Lash Association
      Attn: General Counsel
      2300 West Sahara Avenue, Suite 800
      Las Vegas, NV 89102

1. Advertisers. The Site may contain advertisements. The inclusion of advertisements on the Site does not imply endorsement of any third-party products or services. The Association shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
2. Links to the Site. Links to the Site and/or Site Content may not use any Association trademark, service mark, or logo (unless express written consent for such use is provided by the Association), and shall not suggest that the Association promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Site shall be the responsibility of the linking party. The Association reserves the right to require any linking party to disable or remove any link that violates the Association’s policies or rights or that causes interruption or deterioration of the Site or Site Content.
3. Links to Third Party Websites. As a convenience to users, the Site, emails, newsletters, and other Association-provided communications may contain links to websites operated by third parties (“Third-Party Sites”). The fact that the Association provides a link to a Third-Party Site does not mean that the Association endorses, authorizes, or sponsors that Third-Party Site, nor that the Association is affiliated with the Third-Party Site. Third-Party Sites are not under the control of the Association, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to the terms of use, privacy policy, and other restrictions of such corresponding third-party. The Association is not responsible for and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites.
4. Sharing of Content. You may download, copy or embed Site Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Site Content for other than personal use is expressly prohibited without prior written permission from the Association, or the copyright holder identified in the copyright notice contained in the Site Content. The Association reserves the right to require any party sharing Site Content to disable or remove such content should its use violate the Association’s policies or rights, or if such use causes any interruption or deterioration of Site Content.
5. Warranties Disclaimed. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE ASSOCIATION, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR MEMBERS, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ASSOCIATION PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITE OR SITE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) SITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
6. Exclusion of and Limitation of Liability. THE ASSOCIATION PARTIES SHALL NOT BE LIABLE, AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY SITE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR SITE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND THE ASSOCIATION’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE SITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR SITE CONTENT, EVEN IF THE ASSOCIATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT THE ASSOCIATION PARTIES HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. IN SUCH CASES, THE ASSOCIATION PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Association Parties from and against all claims arising from or in any way related to your use of the Site and/or Site Content, a violation by you of these Terms of Use or any other actions related to your use of the Site and/or Site Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. The Association will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Association Parties other than under this Section.
8. Term and Termination. These Terms of Use will take effect at the time you begin using the Site. The Association reserves the right, with or without notice, at any time and for any reason to deny you access to the Site or to any portion thereof, and to terminate these Terms of Use. Your right to use the Site pursuant to these Terms of Use will terminate automatically if you fail to comply with the terms set forth herein; provided, however, all provisions of these Terms of Use which are, by their nature, intended to survive such termination will survive. Upon termination, you must destroy all copies of any portion of the Site, including any Site Content, in your possession.
9. Governing Law. The laws of the State of Nevada shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving the Site or Site Content, you agree that the dispute will be resolved in a court located in Clark County, Nevada, and you agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada for the purpose of litigating all such claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or Site Content must be filed by you within one (1) month after such claim or cause of action arose or be forever barred.
10. User Generated Content. We may provide sections on the Site where you can provide your views, comments and other communications, pictures, or videos, such as discussion boards, blogs, and other features that allow users to provide feedback, comments, or other similar content (“User Content”). By transmitting User Content to the Association through the Site or the Association’s social media accounts or profiles, you grant the Association a perpetual, irrevocable, worldwide, royalty free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and re-transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact the Association’s copyright agent as identified in these Terms of Use. The Association does not approve, endorse, or adopt any User Content, and the Association assumes no liability for any User Content submitted by you or others. You agree to indemnify the Association against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the Site used, published, copied and/or reprinted should not post such information on the Site or on the Association’s social media profiles. Please note that other users of the Site may use posted information beyond the control of the Association. All user content is read and interpreted at your own risk, and the Association recommends that you not rely on the information or advice in any of these postings. The Association retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The Association also retains the right to ban or block a user from posting on Association social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. You acknowledge, consent and agree that the Association may access, preserve and disclose your account information and the User Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Association to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Association Parties and/or the public.
11. Miscellaneous. These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference, set forth the entire understanding and agreement between you and the Association with respect to the subject matter hereof. Any such changes shall be effective when posted on the Site, and your continued use of the Site constitutes your acceptance to them. The Association’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms of Use will remain in full force and effect. The Association makes no claims regarding access or use of the Site or Site Content outside of the United States. If you use or access the Site or Site Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
12. Date of last revision: May 15, 2023