Terms of Service 2026
Angela Caglia Terms and Conditions
Last updated: May 22 2026
Hollywood Glow Girl Enterprises, Inc. d/b/a Angela Caglia Skincare located at 153 W Rosecrans Avenue, Unit 2, Gardena, CA 90248, and our subsidiaries and affiliates ("Angela Caglia" "we" "us" "our") provides the content and services available at at https://angelacaglia.com, (the "Site”) subject to these terms and conditions (the “Terms and Conditions”), our Privacy Policy, and any other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions, as well as customer service.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE AND SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
You must be 18 years old or the age of majority in your jurisdiction in order to visit or make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. This Site is not directed to children under 18 years old.
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PRIVACY
Please review our Privacy Policy for details about our personal information practices. You agree to the use of your data in accordance with our Privacy Policy.
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PRODUCTS AND SERVICES FOR PERSONAL USE
The products (“Products”) and services (collectively with the Products, the “Services”) available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the Products or Services, or samples thereof, you purchase or otherwise receive from us. Please note that we will track the purchases you make through the Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products or Services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms and Conditions.
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PURCHASE RELATED POLICIES AND PROCEDURES
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). All amounts are payable and charged for purchases at the time you place your order. Prices may include local taxes. You are responsible for banking charges incurred due to payments on your account.
Prices for our products are subject to change without notice. Angela Caglia cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. Angela Caglia reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Angela Caglia. Angela Caglia may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
All items purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our tender of the item to the carrier.
To view additional policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns, and exchanges), please visit our Customer Help Center.
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ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site however, we do not warrant that the product descriptions, sizes, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. Angela Caglia therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
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PRODUCT INFORMATION
The Services available on the Site are for your personal use only. Unless you are an affiliate, you may not sell or resell any Products you purchase or otherwise receive from Angela Caglia. Angela Caglia reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms and Conditions, as determined by Angela Caglia in its sole discretion.
From time to time, we may provide summaries of or highlights from Product descriptions, the text of customer reviews (as defined below), and other information on the Site. Summaries are provided for convenience, but are not exhaustive representations of Product descriptions or full reviews.
DISCLAIMER: THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice. You should seek the advice of a physician or other qualified healthcare provider with any questions you have regarding medical needs.
DISCLAIMER: PRODUCTS SOLD ARE NOT INTENDED FOR MEDICAL USE
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any illness, disease, or medical condition. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
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AUTO-RENEWAL PROGRAMS
If you are purchasing our Services or Products and enrolling in one of our auto-renewal programs in which you have requested that we automatically provide services or products to you at regularly scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled. If you sign up for the Program on the Site in connection with your purchases, the payment card or alternative payment method you provide will be automatically charged for the purchase price of the services or products, plus applicable tax, shipping, and handling charges.
You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code). Shipments sent to the address of record are deemed complete upon shipment. We are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. You must promptly notify Angela Caglia Skincare if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss). Changes to your account can be made by contacting a customer service representative by emailing us at support@angelacaglia.com or calling us at 888-960-7307.
If you sign up for the Program, you will be charged regularly and automatically for, and delivered, ordered Services or Products until you cancel your participation in the Program.
By participating in the Program, you agree that we may send you additional regularly scheduled shipments and charge you for the Product(s), applicable taxes, and shipping, and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU. These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program or update thereafter. You agree that we will not be responsible in any manner for any overdraft charges, interest charges late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on your payment card or alternative payment method.
THE AUTO-RENEWAL PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM AND DISCONTINUE SHIPMENT OF FUTURE SERVICES OR PRODUCTS, YOU MAY DO SO BY CONTACTING ANGELA CAGLIA SKINCARE BY EMAIL TO support@angelacaglia.com .
We may, in our sole discretion, terminate your participation in the Program at any time without notice to you. We reserve the right to refuse or discontinue the automatic provision of Services or Products to any one at any time in our sole discretion.
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MODIFICATION
We reserve the right at any time to modify or discontinue the Site or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or Services.
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INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the ‘Limited Licenses’ section below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
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LIMITED LICENSES
We grant you a limited, revocable, non-transferable, and non-exclusive license solely for the purpose of accessing and making personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license, or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer, or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, non-transferable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site: (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal, or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our Products or Services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
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YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom, and in good faith. It is strictly prohibited to use or contact the Site or Services to harass or disparage Angela Caglia, its users, personnel, Products or Services. No unsolicited email (spam) may be directed to or through the Site or Services. Users may not use the Site or Services in order to upload, post, transmit, distribute, display, store, or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others; or (c) that is libelous, obscene, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or is otherwise objectionable in Angela Caglia’s sole determination. You may not make any change or alteration to the Site or any Content or Services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Angela Caglia, our parents, subsidiaries, affiliates, partners, or licensors.
Furthermore, you agree not to make use of the Services for the purpose of:
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impersonating any individual or entity, including, but not limited to, any Angela Caglia officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
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uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment;
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disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
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uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet;
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collecting or track the personal information of others;
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spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
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interfering with or disrupting the Site and Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
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YOUR ACCOUNT
You may be required to connect a Shop.app account to use some of the features of the Services. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at the information provided below and to change your password. You may not transfer your account to anyone else without our prior written permission.
We reserve the right to refuse service and/or terminate accounts, including any subscription or membership accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Angela Caglia’s best interests to do so.
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THIRD-PARTY LINKS
Certain Content, Products and Services available via our Site may include materials from third parties. In addition, third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party materials or websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
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MESSAGING TERMS AND CONDITIONS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from Angela Caglia, including text messages that may be sent using an automatic telephone dialing system technology and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Angela Caglia 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. Angela Caglia 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.
Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Angela Caglia, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT keyword commands and agree that Angela Caglia and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Angela Caglia through any other programs you have joined until you separately unsubscribe from those programs.
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SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, product reviews, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our Products or Services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts, or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products.
When you transmit, upload, post, share, distribute, reproduce, e-mail, or otherwise make available data, text, photos, reviews, ratings and comments about our products purchased through the Site or through third-party e-commerce sites, software, music, sound, photographs, graphics, images, videos, messages, or other materials (collectively, “User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, or otherwise making available on the Site User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, an Angela Caglia representative; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
Angela Caglia does not assume liability for any reviews, ratings and comments about our products purchased through the Site or through third-party e-commerce sites (“Reviews”) or for any claims for economic loss resulting from such Reviews. Because we expect users to maintain a high level of integrity with respect to Reviews posted through our Site, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If Angela Caglia determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
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DELETION OF USER CONTENT
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s) on the Site, please contact us by email at support@angelacaglia.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
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COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail (subject line: “DMCA Takedown Request”) or written notice to our designated agent for notices of infringement and provide the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
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Identification of the copyrighted work(s) that you claim has been infringed;
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A description of the material that you claim is infringing and the location of that material on the Site;
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Your address, telephone number and email address;
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A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact us for notifications of claimed infringement by email at support@angelacaglia.com or via mail to:
Hollywood Glow Girl Enterprises, Inc. d/b/a Angela Caglia Skincare
153 W Rosecrans Avenue, Unit 2, Gardena, CA 90248
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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT, OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE.
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS INFORMATION, CONTENTS, MATERIALS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY: (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF LOST PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
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INDEMNIFICATION
You agree to defend, indemnify, insure and hold harmless Angela Caglia, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from: (a) your use of the Site or Content in violation of any law, rule, regulation or these Terms and Conditions; or (b) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
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DISPUTES
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST ANGELA CAGLIA AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
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INITIAL DISPUTE RESOLUTION. Most concerns can be resolved quickly without resorting to litigation. If you have a concern, you must reach our support department at support@angelacaglia.com . The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement arising under or in connection with this Agreement (“Dispute(s)”) directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
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ARBITRATION. Except as detailed in Section 19(c) (“Exceptions to Arbitration”), any Disputes that cannot be resolved informally as detailed in Section 19(a) (“Initial Dispute Resolution”) shall be settled exclusively by arbitration in California, in accordance with the rules of JAMS (“JAMS”). The arbitrator’s decision shall be final and legally binding and judgment be entered thereon.
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EXCEPTIONS TO ARBITRATION. Disputes do not include disputes, claims, questions, or disagreements arising out of your visitation to or use of the Site. This includes without limitation:
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Disputes, claims, questions, or disagreements arising out of or relating to third-party technologies on the Site. You and Angela Caglia agree that information collected does not constitute ‘sensitive’ personal information under any theory of law. For more information on how to opt out of third-party technologies on the Site, please refer to our Privacy Policy.
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WAIVER OF JURY TRIAL. YOU AND ANGELA CAGLIA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Angela Caglia are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above.
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NO CLASSES. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY‘S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ANGELA CAGLIA AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON‘S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.
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30-DAY RIGHT TO OPT OUT. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to support@angelacaglia.com and to: 153 W Rosecrans Avenue, Unit 2, Gardena, CA 90248 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
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CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You agree to receive communications from Angela Caglia electronically, such as emails, texts, or notices on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Angela Caglia provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
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GENERAL TERMS.
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ENTIRE AGREEMENT. These Terms and Conditions constitute the entire agreement between you and Angela Caglia and shall govern the use of our Services, superseding any prior version of these Terms and Conditions between you and us with respect to Angela Caglia Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Angela Caglia Services, affiliate services, third-party content or third-party software.
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WAIVER AND SEVERABILITY OF TERMS. At any time, should Angela Caglia fail to exercise or enforce any right or provision of these Terms and Conditions, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction 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 the other provisions of these Terms and Conditions remain in full force and effect.
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FORCE MAJEURE. Angela Caglia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
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ASSIGNMENT. You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Angela Caglia’s prior written consent. We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent.
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THIRD-PARTY BENEFICIARIES. These Terms and Conditions are not enforceable by or for the benefit of any third party.
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GOVERNING LAW AND VENUE. These Terms and Conditions and any dispute of any sort that might arise between you and Angela Caglia will be interpreted in accordance with the law of the State of California and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. Any claim or dispute that between you and Angela Caglia that arises out of or is related to the Site and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles County, California.
CHANGES TO TERMS AND CONDITIONS. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions. The most current version of the Terms and Conditions will be posted on the Site and it is your responsibility to check our Site periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your continued use of the Services following the effective date of any changes to these Terms and Conditions constitutes acceptance of those changes. If you do not agree to the new Terms and Conditions, you may not use the Services.