Disclaimer of Liability
DISCLAIMER OF LIABILITY AND ASSUMPTION OF RISK
1. Scope and Applicability
1.1 This Disclaimer of Liability and Assumption of Risk (the "Disclaimer") constitutes a legally binding agreement between Diaspi Beauty, LLC (the "Company") and any individual or entity (the "User") who purchases, uses, or otherwise interacts with the Company's cosmetic products (the "Products").
1.2 By using the Products, the User acknowledges that they have read, understood, and agreed to be bound by the terms of this Disclaimer.
2. Assumption of Risk
2.1 The User expressly acknowledges and agrees that the use of the Products involves inherent risks, including but not limited to the potential for adverse reactions, skin irritation, allergic responses, or other undesirable effects.
2.2 The User hereby assumes all such risks and agrees to use the Products at their own sole risk and responsibility.
2.3 The User understands that individual results may vary and that the Company cannot guarantee any specific outcomes from the use of the Products.
3. User Responsibilities
3.1 The User agrees to:
(a) Read and follow all product instructions, warnings, and precautions;
(b) Perform a patch test before using any new Product;
(c) Discontinue use immediately and seek medical attention if any adverse reaction occurs;
(d) Store and handle the Products as directed; and
(e) Not use the Products in any manner inconsistent with their intended purpose.
4. Limitation of Liability
4.1 To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, personal injury, or any other losses, arising from or related to the User's use of the Products.
4.2 The Company's total liability, if any, for any claim arising from or related to the use of the Products shall not exceed the purchase price of the specific Product giving rise to such claim.
5. No Warranties
5.1 The Products are provided "as is" and "as available" without any warranties of any kind, whether express or implied.
5.2 The Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Indemnification
6.1 The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from or related to the User's use of the Products.
7. Governing Law and Dispute Resolution
7.1 This Disclaimer shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions.
7.2 Any dispute arising out of or in connection with this Disclaimer shall be resolved through binding
arbitration administered by American Arbitration Association (AAA) in accordance with its commercial arbitration rules.
7.3 The User hereby waives any right to participate in a class action lawsuit against the Company.
8. Severability and Modifications
8.1 If any provision of this Disclaimer is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.2 The Company reserves the right to modify this Disclaimer at any time. The User's continued use of the Products after such modifications shall constitute acceptance of the updated terms.
9. Acknowledgment
9.1 By using the Products, the User acknowledges that they have read, understood, and agreed to the terms of this Disclaimer.
9.2 This Disclaimer shall remain in effect for as long as the User uses the Products or until the Company provides notice of its termination or replacement.