Términos del servicio
Terms of Use
Welcome to Joaquinmanuel.com website (the "Site"). The Site is owned and operated by
Joaquin Manuel, LLC. Please review the following terms and conditions carefully.
1. Acceptance of Agreement
By accessing, using or browsing the Site, you agree to be bound by these Terms of Use and to
comply with all applicable laws and regulations. Joaquin Manuel, LLC reserves the right, in its
sole discretion, to change, add or modify any portion of these Terms of Use at any time by
posting new Terms of Use on the Site. Your continued use of the Site after such changes are
posted will constitute your agreement to such changes. If you do not agree with any of these
terms or changes to the Terms of Use, please do not use the Site.
2. Modifications to the Site
Joaquin Manuel, LLC reserves the right, for any reason, in its sole discretion, to terminate,
suspend or change any aspect of the Site including but not limited to content, features or hours
of availability. Joaquin Manuel, LLC may impose limits on certain features of the Site or restrict
your access to part or all of the Site without notice or penalty.
3. User Conduct
You are solely responsible for the content and context of any materials you post or submit
through the Site. You warrant and agree that while using the Site, you will not upload, post,
transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful,
threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any
other user from using or enjoying the Site; (c) constitute or encourage conduct that would
constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful
component, advertising of any kind, or false of misleading indications or origin or statements of
fact.
4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but
not limited to the Joaquinmanuel.com name and logos, are protected by intellectual property
and other laws. Joaquin Manuel, LLC exclusively owns all worldwide right, title and interest in
and to all documentation, software, contents, graphics, designs, data, computer codes, ideas,
know-how, “look and feel,” compilations, magnetic translations, digital conversions and other
materials included within the Site and related to the Site, and all modifications and derivative
works thereof, and all intellectual property rights related thereto. Except as expressly
authorized by Joaquin Manuel, LLC, any use, copy, reproduction, display, performance,
modification or transmission is strictly prohibited. Notwithstanding the above, you may
download one copy of the content and materials on the Site on any single computer for your
personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use
the materials for any commercial purpose or for any public display (commercial or
noncommercial); (c) attempt to decompile or reverse engineer any software contained on the
Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer
the materials to another person; or (f) "mirror" the materials on any other server. This license
shall automatically terminate if you violate any of these restrictions.
5. User Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy, any
information, data, material, comments, opinions, suggestions, remarks, ideas, concepts or
other information you transmit or post to the Site ("Submitted Information") will be considered
non-confidential and non-proprietary. Joaquin Manuel, LLC will have no obligations to you with
respect to the Submitted Information, and may, at its option and without compensation to you,
disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and
all commercial and non-commercial purposes.
6. User Accounts
You agree that you will provide accurate information when creating an account on the Site, and
that you will keep your account information up-to-date. You are solely responsible for
protecting the confidentiality of your password and may not disclose your password to any
other person. In the event that an unauthorized user gains access to the password-protected
area of the Site as a result of your acts or omissions, you agree that you shall be liable for any
such unauthorized use.
7. Diversion Policy
Joaquin Manuel, LLC does not guarantee the genuineness, quality, or freshness of its products
sold outside authorized salon channels. Such products may be adulterated or misbranded and
may not bear legally-required batch code or ingredient information.
Internationally, Joaquin Manuel, LLC assigns specific country territories to its distributers. Sales
by others into those territories from other countries, whether by the Internet or otherwise,
violate the rights of those distributors and interfere with our contractual relations with them, as
well as with our respective rights for prospective economic advantage. Such sales, which
frequently involve false declarations and illegal shipment of flammable materials via U.S. mail,
violate not only U.S. Customs and U.S. Postal Service laws, but also the import laws of the
country of destination. Such actions may subject both sellers and purchasers to criminal
sanctions, fines, and confiscation.
8. Privacy
For an explanation of Joaquin Manuel’s practices and policies with regards to information
collected or submitted to the Site, please see its Privacy Policy.
9. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE. OPI DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO CERTAIN USERS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL OPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE,
THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF OPI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OPI'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS
AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE
AGGREGATE.
11. Indemnification
You agree to defend, indemnify and hold Joaquin Manuel, LLC, and its officers, directors,
employees, agents, licensees, successors and assigns harmless from and against any and all
claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees)
incurred or suffered by them in connection with any claim arising out of or related to: (a) your
use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another
user; or (d) the unauthorized access to any password-protected area of the Site using your
password. Joaquin Manuel, LLC reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and you shall
not in any event settle or otherwise dispose of any matter without the prior written consent of
Joaquin Manuel, LLC.
12. Termination
These Terms of Use constitute a binding agreement between you and Joaquin Manuel, LLC until
terminated by you or Joaquin Manuel, LLC, which Joaquin Manuel, LLC may do at any time,
without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse
is to immediately discontinue use of the Site.
13. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link
must be a text-only link clearly marked "Joaquin Manuel Home Page" and only go to the Site's
home page; (b) the appearance, position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with Joaquin Manuel’s name and trademarks; (c) the
appearance, position and other aspects of the link may not create the false impression that an
entity is associated with or sponsored by Joaquin Manuel, LLC; (d) when activated by a user, the
link must display the Site full-screen and not within a "frame" on the linked website; and (e)
Joaquin Manuel, LLC reserves the right to revoke its consent to the link at any time in its sole
discretion.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by email to Joaquin Manuel, LLC
at evargas@joaquinmanuel.com or to you at the email address you provide to Joaquin Manuel,
LLC. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is
notified that the email address is invalid.
16. General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of
competent jurisdiction, then such provision shall be enforced to the maximum extent possible
so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall
continue in full force and effect. The failure by either you or Joaquin Manuel, LLC to exercise or
enforce any right or provision of these Terms of Use shall not constitute a waiver of such right
or provision. You agree that any cause of action arising out of or related to the Site or these
Terms of Use must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. This agreement comprises the entire agreement
between you and Joaquin Manuel, LLC, and supersedes all prior agreements between the
parties regarding the subject matter contained herein. All provisions in these Terms of Use
regarding representations and warranties, indemnification, disclaimers, and limitation of
liability shall survive the termination of these Terms of Use.
17. Contact Information
If you have any questions or comments about these Terms of Use, please contact Joaquin
Manuel, LLC at:
Joaquin Manuel, LLC.
evargas@joaquinmanuel.com
Welcome to Joaquinmanuel.com website (the "Site"). The Site is owned and operated by
Joaquin Manuel, LLC. Please review the following terms and conditions carefully.
1. Acceptance of Agreement
By accessing, using or browsing the Site, you agree to be bound by these Terms of Use and to
comply with all applicable laws and regulations. Joaquin Manuel, LLC reserves the right, in its
sole discretion, to change, add or modify any portion of these Terms of Use at any time by
posting new Terms of Use on the Site. Your continued use of the Site after such changes are
posted will constitute your agreement to such changes. If you do not agree with any of these
terms or changes to the Terms of Use, please do not use the Site.
2. Modifications to the Site
Joaquin Manuel, LLC reserves the right, for any reason, in its sole discretion, to terminate,
suspend or change any aspect of the Site including but not limited to content, features or hours
of availability. Joaquin Manuel, LLC may impose limits on certain features of the Site or restrict
your access to part or all of the Site without notice or penalty.
3. User Conduct
You are solely responsible for the content and context of any materials you post or submit
through the Site. You warrant and agree that while using the Site, you will not upload, post,
transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful,
threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any
other user from using or enjoying the Site; (c) constitute or encourage conduct that would
constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful
component, advertising of any kind, or false of misleading indications or origin or statements of
fact.
4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but
not limited to the Joaquinmanuel.com name and logos, are protected by intellectual property
and other laws. Joaquin Manuel, LLC exclusively owns all worldwide right, title and interest in
and to all documentation, software, contents, graphics, designs, data, computer codes, ideas,
know-how, “look and feel,” compilations, magnetic translations, digital conversions and other
materials included within the Site and related to the Site, and all modifications and derivative
works thereof, and all intellectual property rights related thereto. Except as expressly
authorized by Joaquin Manuel, LLC, any use, copy, reproduction, display, performance,
modification or transmission is strictly prohibited. Notwithstanding the above, you may
download one copy of the content and materials on the Site on any single computer for your
personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use
the materials for any commercial purpose or for any public display (commercial or
noncommercial); (c) attempt to decompile or reverse engineer any software contained on the
Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer
the materials to another person; or (f) "mirror" the materials on any other server. This license
shall automatically terminate if you violate any of these restrictions.
5. User Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy, any
information, data, material, comments, opinions, suggestions, remarks, ideas, concepts or
other information you transmit or post to the Site ("Submitted Information") will be considered
non-confidential and non-proprietary. Joaquin Manuel, LLC will have no obligations to you with
respect to the Submitted Information, and may, at its option and without compensation to you,
disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and
all commercial and non-commercial purposes.
6. User Accounts
You agree that you will provide accurate information when creating an account on the Site, and
that you will keep your account information up-to-date. You are solely responsible for
protecting the confidentiality of your password and may not disclose your password to any
other person. In the event that an unauthorized user gains access to the password-protected
area of the Site as a result of your acts or omissions, you agree that you shall be liable for any
such unauthorized use.
7. Diversion Policy
Joaquin Manuel, LLC does not guarantee the genuineness, quality, or freshness of its products
sold outside authorized salon channels. Such products may be adulterated or misbranded and
may not bear legally-required batch code or ingredient information.
Internationally, Joaquin Manuel, LLC assigns specific country territories to its distributers. Sales
by others into those territories from other countries, whether by the Internet or otherwise,
violate the rights of those distributors and interfere with our contractual relations with them, as
well as with our respective rights for prospective economic advantage. Such sales, which
frequently involve false declarations and illegal shipment of flammable materials via U.S. mail,
violate not only U.S. Customs and U.S. Postal Service laws, but also the import laws of the
country of destination. Such actions may subject both sellers and purchasers to criminal
sanctions, fines, and confiscation.
8. Privacy
For an explanation of Joaquin Manuel’s practices and policies with regards to information
collected or submitted to the Site, please see its Privacy Policy.
9. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE. OPI DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO CERTAIN USERS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL OPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE,
THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF OPI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OPI'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS
AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE
AGGREGATE.
11. Indemnification
You agree to defend, indemnify and hold Joaquin Manuel, LLC, and its officers, directors,
employees, agents, licensees, successors and assigns harmless from and against any and all
claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees)
incurred or suffered by them in connection with any claim arising out of or related to: (a) your
use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another
user; or (d) the unauthorized access to any password-protected area of the Site using your
password. Joaquin Manuel, LLC reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and you shall
not in any event settle or otherwise dispose of any matter without the prior written consent of
Joaquin Manuel, LLC.
12. Termination
These Terms of Use constitute a binding agreement between you and Joaquin Manuel, LLC until
terminated by you or Joaquin Manuel, LLC, which Joaquin Manuel, LLC may do at any time,
without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse
is to immediately discontinue use of the Site.
13. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link
must be a text-only link clearly marked "Joaquin Manuel Home Page" and only go to the Site's
home page; (b) the appearance, position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with Joaquin Manuel’s name and trademarks; (c) the
appearance, position and other aspects of the link may not create the false impression that an
entity is associated with or sponsored by Joaquin Manuel, LLC; (d) when activated by a user, the
link must display the Site full-screen and not within a "frame" on the linked website; and (e)
Joaquin Manuel, LLC reserves the right to revoke its consent to the link at any time in its sole
discretion.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by email to Joaquin Manuel, LLC
at evargas@joaquinmanuel.com or to you at the email address you provide to Joaquin Manuel,
LLC. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is
notified that the email address is invalid.
16. General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of
competent jurisdiction, then such provision shall be enforced to the maximum extent possible
so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall
continue in full force and effect. The failure by either you or Joaquin Manuel, LLC to exercise or
enforce any right or provision of these Terms of Use shall not constitute a waiver of such right
or provision. You agree that any cause of action arising out of or related to the Site or these
Terms of Use must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. This agreement comprises the entire agreement
between you and Joaquin Manuel, LLC, and supersedes all prior agreements between the
parties regarding the subject matter contained herein. All provisions in these Terms of Use
regarding representations and warranties, indemnification, disclaimers, and limitation of
liability shall survive the termination of these Terms of Use.
17. Contact Information
If you have any questions or comments about these Terms of Use, please contact Joaquin
Manuel, LLC at:
Joaquin Manuel, LLC.
evargas@joaquinmanuel.com