Cancer Be Glammed
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TERMS OF USE

EFFECTIVE DATE
November 21, 2022

Welcome to CancerbeGlammed.com, an e-boutique and online platform catering to women undergoing surgery, treatment, and recovery. These Terms of Use (collectively with our Privacy Policy and our Orders & Shipping Policy, the “Terms of Use”) govern your use of Cancer Chic Boutique, LLC (“we”, “us”, or “our”) websites, branded pages on social media services, marketing campaigns, any communications with us (whether online or offline), features, content, (collectively, our “sites”), services, applications (collectively, our “services”), and your purchase or use of our apparel or products (collectively, our “products”). Any registration and other information or content submitted by you via our sites or our services or directly to us are subject to these Terms of Use.  Please read these Terms of Use fully and carefully before accessing or using our sites or purchasing or using our services and/or products.  These Terms of Use set forth the legally binding terms and conditions for your use of our site and your purchase or use of our services and/or products.

By using our sites, services, and/or products in any manner, including, but not limited to, visiting or browsing our sites, or purchasing or using our services and/or products, you agree to these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time on our sites, each of which is incorporated by reference and each of which may be updated from time to time without notice to you in our sole discretion.

Certain of our sites, services, or products may be subject to additional terms and conditions specified by us from time to time; your use of such services and products is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

These Terms of Use apply to all users of our sites, services, and/or products, including, but not limited to, registered and unregistered users.

We may change these Terms of Use at any time in our sole discretion with or without notice. Your continued use of our sites, services, and/or products means that you accept our changes. As used in these Terms of Use:

  • The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our sites, services, or products. 
  • The terms “you”, “your”, “user”, and “users”, refer to all persons, whether an individual or an entity, who access or use our sites, or who use or purchase our services and/or products for any reason.

You represent and warrant that you are at least 18 years old, or if you are under 18 years of age but are at least 13 years old, that you are using our sites, services, and/or products with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use our sites, services, and/or products. If you are under 18 and you have not received your parent’s or legal guardian’s permission, you may not, under any circumstances or for any reason, use our sites, services, and/or products. We may, in our sole discretion, refuse to offer or allow the use of our sites, services, and/or products to any person or entity, or to otherwise change the eligibility criteria for the use of our sites, services, and/or products at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you and the right to access our sites, services, and/or products is revoked (a) where these Terms of Use or the use of our sites, services, and/or products is prohibited; or (b) to the extent that the offering, sale, or provision of our sites, services, and/or products conflicts with any applicable law, rule, or regulation. Further, our sites and services are offered only for your use, and not for the use or benefit of any third party.

The content provided on our or with our sites, services, and/or products are protected by law, including without limitation U.S. Copyright and trademark laws as well as international treaties, and such content is our own property or the property of our licensors.  Unless you are the owner, original publisher, or authorized licensee of such content, (i) you are not able to modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content from our sites, services, and/or products; and (ii) you are not able to sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third-party right or any applicable law, rule, or regulation.   Subject to these Terms of Use, we grant each user of our sites, services, and/or products a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using our sites, services, and/or products.  

To access certain areas or functionalities of our sites or services, you may need to sign up for an account on our one or more of our sites or services. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene; or (iv) use your account in any manner that would be unlawful. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for our sites, services, or products without that person’s permission. You must notify us immediately in writing of any change in your eligibility to use our sites or services, breach of security, or unauthorized use of your account. You should never publish, distribute, or post login information for your account.  WE LL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

You shall have the ability to delete your account, either directly or through a request made to us at the following address:

We reserve the right to terminate the use of any username or account, or to deny access to our sites or services, or any features thereof, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our sites or services, or infringes on the rights of others. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR PASSWORD, ACCOUNT (OR ANY PART THEREOF) OR USE OF OUR SITES OR SERVICES, OR ANY REMOVAL OF ANY CONTENT THAT YOU HAVE SUBMITTED TO OUR SITES OR SERVICES. In the event that we suspend or terminate your access to and/or use of our sites or services, you will continue to be bound by these Terms of Use.

You shall not (i) use our sites or services to impersonate any person or entity, or falsely state or otherwise misrepresent who you are or your authorized affiliation with a person or entity; (ii) interfere with or disrupt any servers or networks used to provide our sites or services, or their respective features, (iii) gain unauthorized access to our sites or services, to any account, computer system, or network connected to our sites or services, by means such as hacking or other illicit means, to obtain or attempt to obtain any materials or information through any means not intentionally made available through our sites or services, to post or transmit any information, software, or other material that contains a virus, malware, or other harmful component, or to take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our sites or services; (iv) use our sites or services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, profane or indecent information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would violate any law; (v) use our sites or services to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including, but not limited to, material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary right or derivative works with respect thereto, without first obtaining written permission from the owner or rights holder; (vi) use our sites or services to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or to advertise to or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; (vii) gather for any commercial marketing or solicitation purposes any e-mail addresses or other personal information or directory listings that have been posted by other users of our sites or services; or (viii) gather, for the purpose of spamming, e-mail addresses or other contact information that has been posted by other users of our sites or services, or otherwise to engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. S7701, et seq., or any other foreign, US, or state law prohibiting or regulating unsolicited commercial e-mails.

We use a third-party payment processor to bill you for your purchases. The processing of payments is subject to the terms, conditions, and privacy policies of our third-party payment processor in addition to these Terms of Use. We are not responsible for errors by our third-party payment processor. By using our products or services, you agree to pay us, through our third-party payment processor, all charges at the prices then in effect for any such purchase in accordance with the applicable payment terms, and you authorize us, through our third-party payment processor, to charge your chosen payment method. You agree to make payments using your selected payment method. We reserve the right in our sole discretion to correct any errors or mistakes that our third-party payment processor makes even if it has already requested or received payment.

The terms of your payment will be based on your payment method and may be determined by agreements between you and your financial institution, credit card issuer, or other provider of your chosen payment method. If we, through our third-party payment processor, do not receive payment from you, you agree to pay all amounts due on for your purchase immediately upon demand.

The sites and services may include a variety of features such as discussion forums, blogs, and social networking features that allow feedback to be provided to us and allow users to interact with each other on our sites and services, as well as post content for display on our sites or through our services. By accessing any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured or otherwise included in any material you post or submit; and (iii) that you will indemnify and hold harmless us, and each of our and their respective members, directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any liability of any nature arising out of or related to any content displayed on or submitted via our sites or services by you or by others using your account.

Responsibility for what is posted on discussion forums, blogs, and other areas on our sites or services through which users can supply content or sent via any e-mail services that are made available via our sites or services, is the responsibility of each individual user and does not necessarily represent our opinions or views. We do not control the messages, user generated content that users may transmit, post, or otherwise provide on or through our sites or services. We do not have any obligation to monitor any discussion forums, blogs, content, or other areas of our sites or services through which users can supply content, though we will attempt to provide the ability for other users to report inappropriate submissions to us. 

We reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, delete, remove, or refuse to accept any content, without notice to you, at any time and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content, or if we are concerned that you may have violated these Terms of Use), or for no reason at all; and (ii) to remove or block any, content from our sites or services. Subject to these Terms of Use, we may preserve the content you submit, and may also disclose such content if required to do so by law or if such preservation or disclosure is reasonably necessary. Subject to these Terms of Use, you hereby grant us the right to identify you as the author of any content you submit by name, e-mail address, or username, as we deem appropriate, and to repost such content on our sites or services.

You may establish a link to our sites provided that the link does not state or imply any sponsorship of your website, organization, products, or service by us. However, you may not, without our prior written permission, frame or inline link any of the content of our sites or services, or to incorporate into another website or other service any of our content or intellectual property. We are not responsible for any third-party products or services offered via our sites, services, or via a link provided on our sites. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

Third-party merchants may have terms of use, including privacy and data collection practices and policies that are different from ours.  We encourage you to review all such third-parties’ terms of use. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. YOU RELEASE US, AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY OF OUR AFFILIATES ARISING FROM YOUR PURCHASE OR USE OF ANY SITES, PRODUCTS, OR SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH OUR SITES OR SERVICES. 

Your interactions with companies, organizations, or individuals found on or through our sites or services, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of our sites or services, or between a user and any other third party, we are under no obligation to become involved, and YOU AGREE TO RELEASE US, AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTE,  OUR SITES OR SERVICES.

THE PRODUCTS, SERVICES, AND INFORMATION PROVIDED VIA OUR SITES AND SERVICES ARE NOT, NOR ARE THEY INTENDED TO BE, A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, A DIAGNOSIS, OR TREATMENT. WE ENCOURAGE YOU TO COMMUNICATE WITH YOUR MEDICAL AND PROFESSIONAL CAREGIVERS FOR PROFESSIONAL ADVICE REGARDING SUCH PRODUCTS, SERVICES, AND INFORMATION.

THE INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED ON OR THROUGH OUR SITES OR SERVICES, OR ANY THIRD-PARTY SITES OR SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SITES OR SERVICES OR ANY OF ITS OR THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF OUR SITES OR SERVICES, INCLUDING WITHOUT LIMITATION, THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITES, SERVICES AND/OR MATERIALS ON OUR SITES OR SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES WILL WE, OR EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OUR SITES, SERVICES, OR PRODUCTS FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITES, SERVICES, AND/OR PRODUCTS, INCLUDING OUR MATERIALSOR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR SITES OR SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,  REGARDLESS OF THE SOURCE OF ORIGINATION; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) AMOUTNS PAID TO US FOR THE PARICULAR SERVICES OR PRODUCTS PURCHASED BY YOU DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD, OR (B) $500.00. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH OUR SITES, SERVICES, CONTENT, OR PRODUCTS, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES OR SERVICES.

California Civil Code Section 1542 Waiver. To the extent that releases and waivers contained in these Terms of Use are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, you agree that the waiver of such provision was separately bargained for and the foregoing releases shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities, and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified herein.

You agree to indemnify and hold us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of our sites, services, or products in violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

These Terms of Use will be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts located in Allegheny County, Pennsylvania, and you waive any objection to such jurisdiction or venue. 

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of our sites, services, or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

We reserve the right, in our sole discretion, to modify, or replace any of these Terms of Use, or change, suspend, or discontinue our sites, services (including but not limited to, the availability of any feature, database, or content), or products at any time by posting a notice on cancerbeglammed.com or by sending you notice through our sites, services, via e-mail, or by another appropriate means of electronic communication. We may also impose limits on certain sites, services, and/or products, or otherwise restrict your access to parts or all of our sites, services, and/or products without notice or liability. While we will provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. 

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices must be in writing and will only be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices to us should be sent to: support@cancerbeglammed.com

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

If you have any questions or concerns about these Terms of Use, please contact us at: