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Terms of Use2018-05-07T19:25:35+00:00

Terms of Use

Effective January 23, 2018
IN CONSIDERATION OF YOUR USE OF AND ACCESS TO TWISTEDBRISTLEANDBEAUTY.COM‘S MOBILE SERVICES (DEFINED BELOW), TWISTEDBRISTLEANDBEAUTY.COM‘S TELEPHONE ORDERING AND INTERACTIVE VOICE RESPONSE SERVICES, TWISTEDBRISTLEANDBEAUTY.COM‘S SOFTWARE APPLICATIONS, TWISTEDBRISTLEANDBEAUTY.COM‘S EMAIL ADDRESSES AND ACCOUNTS, TWISTEDBRISTLEANDBEAUTY.COM‘S WEBSITE (TWISTEDBRISTLEANDBEAUTY.COM), AND OTHER WEBSITES AND SERVICES ON WHICH THESE TERMS AND CONDITIONS (“TERMS OF USE”) ARE POSTED OR EXPRESSLY REFERENCED (COLLECTIVELY, THE “TWISTEDBRISTLEANDBEAUTY.COM SERVICES”), AND THE PROMISES AND OBLIGATIONS HEREIN, AND INTENDING TO BE LEGALLY BOUND, THE USER OF THE TWISTEDBRISTLEANDBEAUTY.COM SERVICES (“YOU” OR THE “USER”) AND TWISTEDBRISTLEANDBEAUTY.COM (EACH A “PARTY” AND JOINTLY, THE “PARTIES”) HEREBY AGREE AS FOLLOWS:

These Terms of Use May Change.
TwistedBristleAndBeauty.com shall have right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new Terms of Use governing the TwistedBristleAndBeauty.com Services (including but not limited to TwistedBristleAndBeauty.com). Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on TwistedBristleAndBeauty.com. You are responsible for reviewing TwistedBristleAndBeauty.com periodically for any modification to these Terms of Use. Any access to or use of the TwistedBristleAndBeauty.com Services by you after notice of revisions or additions to these Terms of Use shall constitute and be deemed to be your agreement to such revisions or additions.

Orders, Risk of Loss, and Returns. 
TwistedBristleAndBeauty.com does not accept orders from outside the United States. TwistedBristleAndBeauty.com does not ship products to destinations outside of the United States. TwistedBristleAndBeauty.com will add shipping and handling fees and applicable sales/use tax. TwistedBristleAndBeauty.com reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, “Merchandise”) offered through the TwistedBristleAndBeauty.com Services. Merchandise displayed through the TwistedBristleAndBeauty.com Services is available while supplies last. Descriptions of, or references to, Merchandise through the TwistedBristleAndBeauty.com Services do not imply endorsement of that Merchandise, or constitute a warranty, by TwistedBristleAndBeauty.com. All orders for Merchandise displayed through the TwistedBristleAndBeauty.com Services are subject to TwistedBristleAndBeauty.com‘s credit approval. Orders are shipped ‘FOB Origin’ and risk of loss and title shall pass to the customer upon delivery to the carrier for shipment. For returned items, TwistedBristleAndBeauty.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return or in advance of receiving the returned item. In this situation, TwistedBristleAndBeauty.com never takes title to the refunded item.

Correction of Errors and Inaccuracies.
The information provided through the TwistedBristleAndBeauty.com Services may contain typographical errors or inaccuracies and may not be complete or current. TwistedBristleAndBeauty.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Merchandise description, pricing and availability. TwistedBristleAndBeauty.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TwistedBristleAndBeauty.com. TwistedBristleAndBeauty.com reserves the right to limit the order quantity on any item. In the event that Merchandise is listed at an incorrect price due to supplier pricing information or typographical error, TwistedBristleAndBeauty.com shall have the right to refuse or cancel orders placed for the Merchandise listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typographical error is discovered after the Merchandise has shipped, you acknowledge that you will either refuse the delivery, return the Merchandise (at TwistedBristleAndBeauty.com‘s expense) or you will be charged the TwistedBristleAndBeauty.com price of the item as it should have been for the item(s) in question on the day of the sale, or you may have restrictions placed on your TwistedBristleAndBeauty.com account. If your credit card has already been charged for the purchase and your order is canceled, TwistedBristleAndBeauty.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Content. 
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided through the TwistedBristleAndBeauty.com Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. TwistedBristleAndBeauty.com may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by TwistedBristleAndBeauty.com or by third parties that have licensed their use to TwistedBristleAndBeauty.com. You may view and use the Content only for your personal information and for shopping and ordering through the TwistedBristleAndBeauty.com Services. Except as set forth above, TwistedBristleAndBeauty.com does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process, any of the Content.

Termination.
TwistedBristleAndBeauty.com shall have the right without notice and at any time to terminate the TwistedBristleAndBeauty.com Services or any portion thereof (including but not limited to TwistedBristleAndBeauty.com), or any Merchandise offered through the TwistedBristleAndBeauty.com Services, or to terminate any individual’s right to access or use of the TwistedBristleAndBeauty.com Services.

User Comments and Submissions.
Except as otherwise expressly provided in TwistedBristleAndBeauty.com‘s PRIVACY STATEMENT posted on TwistedBristleAndBeauty.com, you hereby grant to TwistedBristleAndBeauty.com a non exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, feedback, notes, messages, ideas, suggestions or other communications, images, or other material (collectively, “Submissions”) that you send to or post on the TwistedBristleAndBeauty.com Services (including but not limited to TwistedBristleAndBeauty.com). Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. TwistedBristleAndBeauty.com will be entitled to use, reproduce, disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the TwistedBristleAndBeauty.com Services (including but not limited to TwistedBristleAndBeauty.com) any Submissions which you do not wish to license to TwistedBristleAndBeauty.com.

You are strictly prohibited from sending to or posting through the TwistedBristleAndBeauty.com Services (including but not limited to TwistedBristleAndBeauty.com), any Submission(s) that: (i) contain confidential or private information (including without limitation a person’s financial or medical information or a company’s trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to TwistedBristleAndBeauty.com‘s Merchandise or Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.

Other Businesses. 
Parties other than TwistedBristleAndBeauty.com operate stores or sell lines of goods and services through the TwistedBristleAndBeauty.com Services. In addition, the TwistedBristleAndBeauty.com Services provide links to the websites of affiliated companies and certain other businesses. TwistedBristleAndBeauty.com is not responsible for examining or evaluating, and TwistedBristleAndBeauty.com does not warrant the offerings of, any of these businesses or individuals or the content of their websites. TwistedBristleAndBeauty.com does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

Your Account. 
You are responsible for maintaining the confidentiality of your TwistedBristleAndBeauty.com account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

DISCLAIMER AND LIMITATION AS TO USE OF THE TwistedBristleAndBeauty.com SERVICES.
THE TwistedBristleAndBeauty.com SERVICES (INCLUDING BUT NOT LIMITED TO TwistedBristleAndBeauty.com) ARE OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, TwistedBristleAndBeauty.com AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE TwistedBristleAndBeauty.com SERVICES AND THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, TwistedBristleAndBeauty.com AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE TwistedBristleAndBeauty.com SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL TwistedBristleAndBeauty.com OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TwistedBristleAndBeauty.com SERVICES, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE TwistedBristleAndBeauty.com SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer and Limitation of Liability as to Merchandise. 
If for any reason you are not entirely pleased with Merchandise you purchased from TwistedBristleAndBeauty.com using the TwistedBristleAndBeauty.com Services, simply return the Merchandise within thirty (30) days of the date of your invoice for exchange or full refund of the purchase price. After this thirty (30) day period, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many items of Merchandise are packaged with the manufacturer’s warranty (if any) and service information detailing specific terms and conditions. Learn more about MERCHANDISE RETURNS on TwistedBristleAndBeauty.com.

ALL MERCHANDISE SOLD BY TwistedBristleAndBeauty.com IS SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, TwistedBristleAndBeauty.com MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MERCHANDISE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, TwistedBristleAndBeauty.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO MERCHANDISE SOLD THROUGH THE TwistedBristleAndBeauty.com SERVICES , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL TwistedBristleAndBeauty.com, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY MERCHANDISE SOLD THROUGH THE TwistedBristleAndBeauty.com SERVICES. IN NO EVENT SHALL TwistedBristleAndBeauty.com‘S LIABILITY EXCEED THE PRICE YOU PAID FOR THE MERCHANDISE THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Mobile Services.
The TwistedBristleAndBeauty.com Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from TwistedBristleAndBeauty.com (“text alerts”), and access certain other features (collectively the “Mobile Services”). Although TwistedBristleAndBeauty.com does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

  • By providing your mobile number, you consent to receive TODAY’S TWISTED ALERT text messages from TwistedBristleAndBeauty.com by an automatic telephone dialing system. Consent to receive text messages is not a condition of purchase of any Merchandise. To receive help information text “HELP” to 602-888-1835 or reply “HELP” to any TwistedBristleAndBeauty.com text Alerts. To discontinue text messaging text “STOP” to 602-888-1835. To discontinue “The Today’s TWISTED Text Alert” from TwistedBristleAndBeauty.com, text “NOALERTS” to 602-888-1835.
  • By providing your mobile number, you consent to receive The Weekly Promotional Text Alert from TwistedBristleAndBeauty.com through text messages by an automatic telephone dialing system. Consent to receive text messages is not a condition of purchase of any Merchandise. To receive help information, text “HELP” to 602-888-1835 or reply “HELP” to any TwistedBristleAndBeauty.com text Alerts. To discontinue text messaging, text “STOP” to 602-888-1835. To discontinue “The Weekly Promotional Text Alert” from TwistedBristleAndBeauty.com, text “NOALERTS” to 73596.

By using the Mobile Services, you agree that TwistedBristleAndBeauty.com may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to TwistedBristleAndBeauty.com. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any Merchandise. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages TwistedBristleAndBeauty.com intends to send to you are not sent to another person who acquires your former mobile telephone number.

Miscellaneous.
By using the TwistedBristleAndBeauty.com Services (including but limited to TwistedBristleAndBeauty.com), you represent and warrant that you are of legal age to form a binding contract with TwistedBristleAndBeauty.com. If you are under 13 years of age, you should not use the TwistedBristleAndBeauty.com Services. These Terms of Use constitute the entire agreement between You and TwistedBristleAndBeauty.com with respect to the subject matter hereof, and supersede all previous written or oral agreements between the Parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflicts or choice of laws principles.

INSTEAD OF SUING IN COURT, YOU AND TwistedBristleAndBeauty.com EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS.
You and TwistedBristleAndBeauty.com agree that any dispute, controversy or claim between you and TwistedBristleAndBeauty.com which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (i) these Terms of Use; (ii) any aspect of your relationship with TwistedBristleAndBeauty.com, including the TwistedBristleAndBeauty.com Services and\or your purchase or attempted purchase of Merchandise from TwistedBristleAndBeauty.com; (iii) any Content and\or Submissions; or (iv) TwistedBristleAndBeauty.com‘s marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls, irrespective of whether dispute, controversy or claim arose after the termination of the relationship between you and TwistedBristleAndBeauty.com, the Services and\or the Mobile Services (collectively, “Claims”), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Limitations Period.
Any Claim you have must be commenced in accordance with the procedures agreed herein within one (1) year after the Claim accrues; otherwise, such Claim is permanently barred.

Class Action Waiver.
TwistedBristleAndBeauty.com and you each agree that each and both of the Parties are waiving the right to a trial by jury and may bring Claims against the other Party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under these Terms of Use shall be conducted on an individual (and not a class-wide or collective) basis and an arbitrator shall have no authority to award class-wide or collective relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”).

Arbitration Procedures. 
A Party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to TwistedBristleAndBeauty.com shall be sent to the following address: Info@TwistedBristleAndBeauty.com. All notices sent by TwistedBristleAndBeauty.com to you will be sent to the email and\or mailing address provided in your TwistedBristleAndBeauty.com Account. Upon receipt of such Notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty-day cure period, you or TwistedBristleAndBeauty.com may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site (www.adr.org). The arbitration of any Claim shall be conducted in the State in which you reside, and for any claim that does not exceed $10,000 TwistedBristleAndBeauty.com will: (1) if you prefer will conduct the arbitration by telephone, and (2) will not seek attorney’s fees in the event TwistedBristleAndBeauty.com prevails. Each Party shall pay the fees and costs of its own counsel, experts and witnesses.

Support.
For product support, please call 602.888.1835, or email us at Info@twistedbristleandbeauty.com, or use the Chat form.

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