Terms Of Use

Last Updated: June 2020

These Terms of Use (“Terms”) govern your access to and use of this web site (“Site”), made available to you by Once Natural Wax (“ONW,” “we,” “us,” or “our”).By accessing or using the Site, you (“you”) agree that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and ONW will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

1. Privacy Policy. We may collect certain information from your use of the Site as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.
2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of ONW or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to ONW or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their
   respective owners.
3. Use of the Site; Compliance with Laws. You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of ONW. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of ONW.

You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

1. Payment Information. Purchases of products or services made through the Site must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Refunds, if available, are solely the responsibility of ONW and are at ONW’s sole discretion.
2. Your Account. You will be required to set up an online account in order to purchase products using the Site. You will be required to submit certain information in order to set up your online account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and any password. In connection with your access to and use of your online account and that of any person authorized by you to access and use your account, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your account is true, accurate, and complete to the best of your knowledge and belief. ONW reserves the right, in its sole discretion, to terminate your access to or use of the Site for any reason without notice or liability, including the unauthorized use of a username or password.
3. Termination. ONW may terminate these Terms without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. We may suspend your online account if you engage in any unauthorized conduct. Upon any termination of these Terms or suspension of your online account, you must promptly cease accessing and using your online account and the Site.
4. Product and Service Availability. The prices and availability of products and services made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products and services may be limited. Some products and services may not be available in certain areas. All orders placed through the Site are subject to our Terms of Sale.
5. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. ONW MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. ONW DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. ONW DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ONW IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONW, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. ONW HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ONW OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

1. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ONW OR A ONW SUPPLIER HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ONW’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
2. Indemnification. You will indemnify, defend, and hold harmless ONW, its affiliates and franchisees, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site or ONW, your order of products and scheduling of appointments through the Site, your violation of applicable laws and/or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
3. Third-Party Web Sites. The Site may link to, or be linked to, web sites not maintained or controlled by ONW. Those links are provided as a convenience and ONW is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.
4. Linking to the Site. If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “http://www.oncenaturalwax.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with ONW’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by ONW; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” ONW reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
5. Force Majeure. ONW will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond ONW’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
6. Feedback. ONW welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
7. Governing Law. These Terms are governed by the laws of the State of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Miami-Dade County, Florida, with respect to any dispute arising under these Terms unless otherwise determined by ONW in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
8. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with ONW and limit the manner in which you can seek relief from us.
9. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of ONW’s intellectual property or other proprietary rights, ONW may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; ONW; ONW’s affiliates; ONW’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.
10. Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
11. Place. The place of arbitration will be Miami-Dade County, Florida, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
12. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
13. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
14. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and ONW, except that our suppliers, affiliates, and franchisees are third-party beneficiaries of these Terms.
15. Interpretation. These Terms, including our Privacy Policy are the entire agreement between you and ONW with respect to your access to and use of the Site. ONW’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ONW. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of ONW’s successors and assigns.
16. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to the Site.
17. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and ONW may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
18. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at contactus@oncenaturalwax.com, by telephone at 305-799-9121, or by mail at Once Natural Wax, 2999 N.E. 191st Street, Suite 905, Aventura, Florida 33180. With regards to marketing and public relations inquiries, please contact us by email at contactus@oncenaturalwax.com.

Terms Of Sale

Last Updated: June 2020

All products and services (“Products” and “Services”) made available by or purchased from ONW are subject to these Terms Of Sale (“Policies”). By purchasing Products or Services you (“you”) agree that you have read and understand these Policies. Please read these Policies carefully. Your patience and understanding of ONW’s policies is greatly appreciated.

1.Order Acceptance. All online orders are subject to acceptance by Once Natural Wax (“ONW,” “we,” “us,” or “our”). We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including the following: (a) limitations on our ability to accept orders for shipment to addresses outside the United States; (b) limitations on Service availability or quantities of Products available for purchase; (c) inaccuracies or errors in Product or Service descriptions, images, or pricing information; and (d) problems identified by credit and fraud avoidance services.

2.Product and Service Availability. The prices and availability of Products and Services made available online may change at any time without notice to you. Prices remain valid while they are listed and offered on the applicable web site. Prices will be as posted on the web site as of the date and time of your order, as applicable. Availability of Products and Services may be limited. Some Products and Services may not be available in certain areas.

3.Payment. Payment must be made by credit or debit card. Payment by credit or debit card is subject to the approval of the card issuer and ONW will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason.

4.Taxes; Shipping and Handling; Title; Risk of Loss. Product prices do not include sales taxes, other taxes, or shipping and handling fees, all of which will be charged separately and are your responsibility. You will be charged all sales and other taxes to the extent required by law. Title to Products will pass to you when you receive the Products and make payment in full. ONW will bear the risk of loss or damage to the Products during shipment to you.

5.Return Policy. Unopened Products, purchased on-line, may be returned to ONW for a full product refund within 48 hours of delivery date. Opened Products and used Products are non-refundable. Shipping costs are responsibility of purchaser and are not refundable. Purchaser is responsible for paying shipping cost for returns.

 ALL REFUNDS MUST BE REQUESTED IN WRITING VIA EMAIL AT SALES-ONCE@ONCENATURALWAX.COM

6.Gift Cards and Gift Certificates. Gift cards and gift certificates are non-refundable. Gift card and gift certificate expiration dates are subject to applicable state laws and regulations, but in no event, will expire five years after the activation date.

ALL REFUNDS MUST BE REQUESTED IN WRITING VIA EMAIL AT SALES-ONCE@ONCENATURALWAX.COM

7.No Warranty. ONW, on behalf of itself and its suppliers, does not make any warranty with respect to the Products and Services. Products and Services are sold “as is,” without any warranties, express or implied, of any kind and all sales are final.

8.Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE WEB SITE(S) OR YOUR ORDER, SCHEDULING, OR USE OF PRODUCTS OR SERVICES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ONW OR A ONW SUPPLIER HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE APPLICABLE PRODUCTS OR SERVICES OR, AT ONW’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ONW’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9.Governing Law; Disputes. These Policies are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Miami-Dade County, Florida, with respect to any dispute arising under these Policies or in connection with any Product or Service unless otherwise determined by ONW in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Products or Services must be commenced within one year after the cause of action or claim arises.