Last updated May 17, 2021
AGREEMENT TO TERMS
personally or on behalf of an entity (you") and The Caramelized Beauty Boutique, doing
business as The caramelized Boutique ("The caramelized Boutique", "we", "us", or
sour"), concerning your access to and use of the https://www.thecaramelizedboutique.com/
website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the "Site"). You
agree that by accessing the Site, you have read, understood, and agreed to be bound by
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our
any reason. We will alert you about any changes by updating the "Last updated" date of
of updates. You will be subject to, and will be deemed to have been made aware of and to
The information provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
The Site is intended for users who are at least 13 years of age. All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use the Site. If you
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the "Content") and the trademarks, service marks, and
logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site "AS IS" for
your information and personal use only. Except as expressly provided in these Terms of
Use, no part of the Site and no Content or Marks may be copied reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the site, you are granted a limited license to access and use the Site and to download or print a copy of any personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you
not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site; (4) you will not access the Site through automated or nonhuman means, whether through a bot, script, or otherwise; (5) you will not use the Site for
any illegal or unauthorized purpose; and (6) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future use of the Site ( or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to.
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
5. Use any information obtained from the Site in order to harass, abuse, or harm
6. Make improper use of our support services or submit false reports of abuse or
7. Use the site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses. Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party's uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
11. Engage in any
automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and
12. Delete the copyright or other proprietary rights notice from any content.
13. Attempt to impersonate another user or person or use the username of another
14. Sell or otherwise transfer your profile
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs"), 1x1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
19. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML,
20. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage.
use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using
or launching any unauthorized script or other software
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
24. Use the Site as part of any effort to compete with us or otherwise use the Site and/ or the Content for any revenue- generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Site and through third-party websites. As such, any Contributions you
make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these Terms
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your contributions to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of your
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing.
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a sexual or
12. Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors
13. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any
in, among other things, termination or suspension of your rights to use the Site.
You and the Site agree that we may access, store, process, and use any information and
By submitting suggestions or other feedback regarding the Site, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have firsthand experience with
the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language: (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability (4) your reviews should not contain references to illegal activity: (5) you should not be affiliated with competitors if posting negative reviews,
(6) you should not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements, and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royaltyfree, fully-paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by you to us are nonconfidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination
of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary right
in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof, (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems, and (5) otherwise manage
the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by our
advised the Site is hosted in the United States. If you access the Site from any other region
of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued
use of the Site, you are transferring your data to the United States, and you agree to have
your data transferred to and processed in the United States. Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
TERM AND TERMINATION
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise update suspend,
discontinue or otherwise modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of
support the Site or to supply any corrections, updates, or releases in connection therewith.
with the laws of the State of Georgia applicable to agreements made and to be entirely
performed within the State of Georgia, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively. the "Parties"
and individually, a Party") shall be commenced or prosecuted in the state and federal
courts located in Cobb County, Georgia, and the Parties hereby consent to and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE
FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES. EXPRESS
OR IMPLIED. IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE INFRINGEMENT. FITNESS FOR A PARTICULAR PURPUSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES. TROJAN HORSES.
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED. TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT ENDORSE GUARANTEE OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO
550.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU. SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys' fees and
expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of
to intellectual property rights, or (5) any overt harmful act toward any other user of the Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right.
at your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any such claim
action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perfom regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree that
we shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive
electronic communications, and you agree that all
agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES. POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
CALIFORNIA USERS AND RESIDENTS
any complaint with us is not satisfactorily resolved you can contact the Complaint
Assistance Unit of the Division of consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 on (916) 445-1254.
respect to the Site constitute the entire agreement and understanding between you and us.
extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part of a
not affect the validity and enforceability of any remaining provisions. There is no joint
venture partnership, employment or agency relationship created between you and us as a
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: