This website is operated by FK-Cosmetics.com. Throughout the site, the terms “we”, “us” and “our” refer to FK-Cosmetics.com. FK-Cosmetics.com offers this website (or "site"), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The Terms of Service govern the access to, and use of, the site. Purchases of products made through this site are governed by the TERMS AND CONDITIONS GOVERNING PURCHASES MADE THROUGH THE WEBSITE below.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
To the fullest extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
To the fullest extent permitted by law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or a more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. To the fullest extent permitted by law, we reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
To the fullest extent permitted by law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
To the fullest extent permitted by law, we reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
To the fullest extent permissible by applicable law, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Packages undeliverable by USPS will be cancelled and refunded once received at our shipping hub. Refunds typically take 5-15 business days to process.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement by us. To the fullest extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and to the fullest extent permitted by law, we will not have any liability or responsibility for any third-party materials or websites, or for any other products, or services of third-parties.
To the fullest extent permitted by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you thereby grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
To the fullest extent permitted by applicable law, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. To the fullest extent permitted by applicable law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
FK-Cosmetics.com (“Fiercely Kind Cosmetics”) provides users with: the www.FK-Cosmetics.com website (“Site”); online accounts, online accounts, web-based applications or platforms made available for use on any device or technology platform (“Applications”); and any of Fiercely Kind Cosmetics’ products made available on the Site or via the Applications (“Services”). The Site, Applications and Services are all facilities, functions or activities (“Features”) developed by us and designed to assist your experience.
Our goal is to provide the best products and optimize your experience while using them. To make that work effectively, Fiercely Kind Cosmetics needs to collect personal information from each customer and process that personal information.
Fiercely Kind Cosmetics uses common technologies such as cookies and Web beacons to keep track of your interactions with the Site, Application and Services and to improve the quality of our products and services.
Fiercely Kind Cosmetics may also collect your Internet Protocol (“IP”) address to track and aggregate non-personally identifiable information, your referring website addresses, browser type, domain name and access times.
Unless connected directly to a user account, the information Fiercely Kind Cosmetics processes in connection with each IP address is largely statistical and is not stored to or referred to by Fiercely Kind Cosmetics in a way that permits us to piece together any particular user’s browsing behavior.
Fiercely Kind Cosmetics P.O. Box 4238, Lake Charles, LA 70606
Information you provide – When you purchase a product from the Site or sign up for a service operated by Fiercely Kind Cosmetics, you may be required to provide personal information (including, but not limited to, name, address, telephone or age) and other information which can be used to ascertain your identity. Fiercely Kind Cosmetics may combine the information you submit under your account with information from your activity on the Site for the purpose of providing you with a better experience and to improve the quality of Fiercely Kind Cosmetics’ Features, products and services. For certain services, Fiercely Kind Cosmetics may give you the opportunity to opt out of combining such information. You can use your user account to learn more about the information associated with your Account.
Log information – When you access the Site, Fiercely Kind Cosmetics’ servers may record certain information. These server logs may include information such as your web request, your interaction with a product, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
Communications – When you send an email or other communications to Fiercely Kind Cosmetics, we may retain those communications in order to process your inquiries, respond to your requests and improve Fiercely Kind Cosmetics’ products or services. Fiercely Kind Cosmetics may use your email address to communicate with you about Fiercely Kind Cosmetics’ products or services.
Email Marketing – With your permission, we may send you emails about our store, new products and other updates.
Google Analytics – Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
In addition to the above, Fiercely Kind Cosmetics may use the information Fiercely Kind Cosmetics collects to:
Provide, maintain, protect, and improve the Features, Fiercely Kind Cosmetics’ services (including advertising services) and develop new products and services; and
Protect the rights or property of Fiercely Kind Cosmetics or its users.
If Fiercely Kind Cosmetics uses this information in a manner different than the purpose for which it was collected, then Fiercely Kind Cosmetics will ask for your consent prior to such use.
It is unlikely that Fiercely Kind Cosmetics will disclose your personal information to other overseas recipients.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Your Choice to Opt Out
If you would like to opt-out from having Fiercely Kind Cosmetics collect your information in connection with our products or services, please let us know by contacting us at CustomerService@SkribaCosmetics.com or mailing us at:
Fiercely Kind Cosmetics, Inc. Fiercely Kind Cosmetics P.O. Box 4238 Lake Charles, LA 70606
Please note that if you delete, block or otherwise restrict cookies, or if you use a different computer or Internet browser, you may need to renew your opt-out choice.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled.
Fiercely Kind Cosmetics only shares personal information with other companies or individuals in the following limited circumstances:
When Fiercely Kind Cosmetics has your consent. We will usually require opt-in consent for the sharing of any sensitive personal information.
When Fiercely Kind Cosmetics has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will use our best endeavors to:
ensure the confidentiality of any personal information involved in such transactions; and
Fiercely Kind Cosmetics takes reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
Fiercely Kind Cosmetics restricts access to personal information to its employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and legal action criminal prosecution, if they fail to meet these obligations.
When Fiercely Kind Cosmetics receives formal written complaints, it is our policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Fiercely Kind Cosmetics and an individual.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at CustomerService@SkribaCosmetics.com or by mail at
Fiercely Kind Cosmetics Attn: Privacy Compliance Officer P.O. Box 4238 Lake Charles, LA 70606
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. To the fullest extent permitted by law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information in the Service or on any related website is inaccurate.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
To the fullest extent permitted by law, SkribaCosmetics.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any indirect, incidental, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of the Service.
Exclusion or limitation of liability for consequential or incidental damages is permitted under New Jersey law, but some states or jurisdictions do not allow such exclusion or limitations of liability and in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SkribaCosmetics.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
To the fullest extent permissible by applicable law, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If you have a question or complaint regarding the Site, please send an e-mail to CustomerService@SkribaCosmetics.com. You may also contact us by writing to:
Fiercely Kind Cosmetics, P.O. Box 4238, Lake Charles, LA 70606, Attn: E-commerce division.
Depending on the state in which you live, you may have certain rights and there may be a state agency that you can contact.
Questions about the Terms of Service should be sent to us at CustomerService@SkribaCosmetics.com.
Cosmetics is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA.
If you experience any difficulty in accessing any part of this website, please contact us at: customerservice@SkribaCosmetics.com
This website is operated by Fiercely Kind Cosmetics, P.O. Box 4238, Lake Charles, LA 70606. Throughout the site, the terms “we”, “us” and “our” refer to SkribaCosmetics.com. SkribaCosmetics.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to all users of the site who purchase or place an order for a product through the website. Enquiries about these Terms and Conditions should be sent to CustomerService@SkribaCosmetics.com.
These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
“Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
“Confirmation of Order” means our email to you;
“Customer” means individual who places an Order on the Site;
“Order” means the order submitted by you to the Site to purchase a Product from us;
“Product” means the goods or services provided on the Site;
“you” means the Customer who places an Order;
“Site” means www.SkribaCosmetics.com
To place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).
These Terms and Conditions apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory rights under any laws.
These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed by us in writing.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the acceptance of Order. We may give you an Order reference number and details of the Product you have ordered, and to the fullest extent permitted by law, we may at our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order).
To the fullest extent permitted by applicable law, we may cancel an Order if the Product is not available for any reason and we will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
We aim to deliver the Product to you at the place of delivery requested by you in your Order.
We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We always aim to deliver within a reasonable time from the date of any Order which we accept but we cannot guarantee any exact delivery dates.
We shall use our reasonable efforts to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
We warrant that:
WE MAKE NO OTHER WARRANTIES AND REPRESENTATIONS AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Before delivery, we may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable.
We will use our reasonable efforts to ensure the Product is delivered in acceptable condition.
In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
If you would like us to replace or provide a refund for the Product where it did conform to the Order and we (at our sole discretion) determine that the Product has:
we may decide not to replace or refund you for the Product and we may require you to pay all reasonable carriage costs and servicing costs. To the fullest extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
You acknowledge and agree that we limit our liability in respect of all claims for a nonconforming or damaged Product, at our option, to replacement of the product or payment of having the Product supplied again.
You agree that our total aggregate liability for all claims relating to the Product is limited to the retail price and shipping costs paid by you to us for the product.
This Limitation of Liability shall not apply to claims for personal injury, willful conduct, gross negligence or fraud related to your use of a Product.
To the fullest extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
To the fullest extent permitted by applicable law, we may cancel an Order by written notice to you for any of the reasons stated herein.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Order its assent to any such term.
These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the State of Louisiana. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Calcasieu Parish, Louisiana and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.