DISCLAIMER:
RevitaLash® Eyelash Conditioner is not intended to stop, prevent, cure, treat, relieve, alter, reverse or reduce eyelash loss or promote the growth of eyelashes.

REVITALASH® EYELASH CONDITIONER STANDARD TERMS AND CONDITIONS OF SALE FOR END USER PURCHASERS

Purchaser agrees to be bound by the following terms in connection with the purchase of RevitaLash® Eyelash Conditioner from Seller: 1. ACCEPTANCE. Purchaser has read and understands these Terms and Conditions. Any terms and conditions, and/or provisions, of Purchaser’s purchase order or other written form that are, in any way, inconsistent with or in addition to these Terms and Conditions shall not be applicable herein or binding upon Seller, and in no event shall any such inconsistent or additional term and/or condition of Purchaser’s order, whether by acknowledgment or otherwise, become a part of these Terms and Conditions. 2. VALIDITY OF QUOTATION. Prices quoted by Seller are valid for thirty (30) days from date of proposal and must be accepted in writing within this time period. Seller reserves the right to correct any clerical or typographical errors at any time, even after acceptance. 3. TAXES EXCLUDED. Seller’s price does not include taxes or assessments of any government or subdivision thereof, including without limitation, any local, state or federal, sales, revenue, excise, use or other tax or fee applicable to the purchase or use of RevitaLash® Eyelash Conditioner. Purchaser agrees to pay any and all such taxes and assessments, and to reimburse Seller for any and all such taxes or assessments, that Seller is required to pay. 4. PAYMENTS. All payments shall be made in U.S. Dollars. Unless otherwise specified in writing, Seller’s standard payment terms are all cash, payment in full upon acceptance of a Sales Order and prior to shipment by Seller. 5. DAMAGE OR SHORTAGE. A claim relating to the shipment or packaging of RevitaLash® Eyelash Conditioner must be made within fifteen (15) days of receipt of RevitaLash® Eyelash Conditioner by Purchaser at the destination point of the common carrier (“Shipper”), or the claim relating to shipment or packaging is waived and released by Purchaser. 6. NO SALE FOR RESALE OR RESALES. Purchaser is not authorized to sell for resale or resell any RevitaLash® Eyelash Conditioner purchased under these Terms and Conditions, including, without limitation, Purchaser is not authorized to sell any RevitaLash® Eyelash Conditioner over the Internet. Seller hereby advises Purchaser that Seller intends to repurchase any RevitaLash® products sold, transferred, shipped, diverted or exported to any person in violation of these Terms and Conditions. Purchaser therefore agrees that if Purchaser sells, transfers, ships, diverts or exports the RevitaLash® Eyelash Conditioner products to an individual or entity in violation of these Terms and Conditions, Purchaser will reimburse Seller for any and all costs and expenses incurred by Seller to repurchase the RevitaLash® Eyelash Conditioner products so sold, transferred, shipped, diverted or exported. 7. SHIPMENT AND DELIVERY. FOB Portland, Oregon for domestic shipments. Delivery shall be arranged by Seller and shall be at the sole cost and expense of Purchaser. Shipping dates and/or delivery dates are quoted based on conditions prevailing on the date of the quotations. The time of delivery shall be deemed to have been complied with when the RevitaLash® Eyelash Conditioner product has been shipped or delivered into the custody of the common carrier before expiration of the time of delivery. 8. FORCE MAJEURE. Purchaser agrees that Seller is excused from performance and shall not be liable for delays due to causes beyond its reasonable control or due to acts of Purchaser, acts of God, changes in local, state or federal laws or regulations, fires, strikes, floods, epidemics, quarantine restrictions, riot or other civil unrest, war, acts of violence, freight embargoes, delays in transportation, etc., or its inability to obtain labor, materials or manufacturing facilities despite reasonable commercial efforts (collectively, “Force Majeure Events”). 9. RISK OF LOSS. Risk of loss or damage to RevitaLash® Eyelash Conditioner is that of Purchaser from the time that the RevitaLash® Eyelash Conditioner is delivered to a common carrier, during all transportation and subsequent delivery to Purchaser, regardless of whether title has passed to Purchaser. 10. LIMITED WARRANTY OF QUALITY. SELLER WARRANTS THAT THE REVITALASH® EYELASH CONDITIONER PRODUCT THAT IT SELLS TO PURCHASER SHALL BE UNADULTERATED AND FREE FROM CONTAMINATION ON DATE OF SALE BY SELLER FOR A PERIOD OF SIXTY (60) DAYS FROM THE ORIGINAL DATE OF PURCHASE AND THIS WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. No other express warranty is given and no authorization of Seller, by words or action, will constitute a warranty. IN THE EVENT THAT ANY REVITALASH® EYELASH CONDITIONER SHALL FAIL TO BE UNADULTERATED AND FREE FROM CONTAMINATION DURING THE WARRANTY PERIOD, SELLER SHALL REPLACE THE SAME WITHOUT COST TO THE ORIGINAL PURCHASER OR REFUND THE PURCHASE PRICE. Upon discovery of any defect or nonconformity, Purchaser should return the RevitaLash® Eyelash Conditioner product(s) (in the original packing materials, if available), together with a copy of the original purchase receipt and a description of the problem to: Customer Service Department, Athena Cosmetics, Inc., 701 North Green Valley Parkway, Suite 200, Henderson, Nevada 89074. If Purchaser sends RevitaLash® Eyelash Conditioner by U.S. mail, Seller recommends that Purchaser send the product return receipt requested. Seller accepts no liability for products lost or misplaced in shipment. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE SHALL BE IN EFFECT FOR A PERIOD OF SIXTY (60) DAYS FROM THE ORIGINAL DATE OF PURCHASE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. THE REFUND OF PURCHASE PRICE (LESS SHIPPING AND HANDLING) OR REPLACEMENT, AT THE OPTION OF SELLER, IS THE ONLY REMEDY AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF LIMITED WARRANTY BY SELLER. Purchaser acknowledges and agrees that Seller does not warrant against (i) damage to property resulting from the failure of RevitaLash® Eyelash Conditioner to provide a desired or presumed result, or from any other cause; (ii) damage caused by use of RevitaLash® Eyelash Conditioner for purposes other than lash conditioning; (iii) damage caused by abuse, accident, modifications or use with other products; (iv) damage during shipment; or (v) any other abuse or misuse by Purchaser or others. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Purchaser has the right to bring an action at law or in equity to resolve disputes concerning or to enforce the provisions of this Warranty. 11. LIMITATION OF ALL REMEDIES. IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OTHER THAN FOR INJURY TO PERSON) BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY TO THE FULLEST EXTENT PERMITTED BY LAW. DAMAGES THAT SELLER WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES; INJURY TO PROPERTY; INTERRUPTION OF BUSINESS; DAMAGES DUE TO DELAYS; COSTS RESULTING FROM THE INCORPORATION OF THE DEFECTIVE REVITALASH® EYELASH CONDITIONER INTO OTHER PRODUCTS; DEFECT INVESTIGATIONS; LOST REVENUE; BUSINESS GOODWILL; EXTRA WORK; AND PUNITIVE DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER EXPRESSLY AGREES THAT SELLER’S SOLE MAXIMUM LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE OF REVITALASH® EYELASH CONDITIONER, AND WHEN PURCHASER ACCEPTS REVITALASH® EYELASH CONDITIONER UNDER THESE TERMS AND CONDITIONS, PURCHASER IS PRECLUDED FROM SEEKING ANY OTHER DAMAGES AGAINST SELLER. PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE, INJURY TO PROPERTY OF PURCHASER OR THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF REVITALASH® EYELASH CONDITIONER SOLD UNDER THESE TERMS AND CONDITIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 12. ALLOCATION OF RISKS. These Terms and Conditions allocate the risks of RevitaLash® Eyelash Conditioner product failure or deficiency between Seller and Purchaser. This allocation is recognized by both parties and is reflected in the price of the RevitaLash® Eyelash Conditioner. Purchaser acknowledges that it has read these Terms and Conditions, including Paragraphs 10 and 11, and understands them and is bound by their terms. 13. RETURN OR CANCELLATION. Accepted orders for RevitaLash® Eyelash Conditioner cannot be cancelled by Purchaser. RevitaLash® Eyelash Conditioner cannot be returned by Purchaser to Seller, unless the RevitaLash® product is defective or damaged. 14. ARBITRATION. Any controversy or claim arising out of or relating to these Terms and Conditions, or relating to or concerning the RevitaLash® Eyelash Conditioner product, shall be submitted to final and binding arbitration by an arbitrator appointed by the American Arbitration Association, in accordance with the rules then existing of the American Arbitration Association. Arbitration is to be conducted in Ventura County, California before an arbitrator who is a retired judicial officer. The decision rendered shall be final and binding upon the parties hereto without right to appeal to the courts. The award rendered by the arbitration shall be final, and judgment thereon may be entered in any court having jurisdiction thereof. Either party may pursue injunctive or other equitable relief without first submitting the claim or controversy to arbitration. The award of the arbitrator may include compensatory damages against either party, but under no circumstances will the arbitrator be authorized to, nor shall he, award punitive damages or multiple damages against either party. The cost of arbitration shall be paid equally by the parties and each party shall be responsible for their own attorney fees. 15. ENTIRE TERMS AND CONDITIONS. These Terms and Conditions and the Sales Order or other quotations and order confirmations of Seller under which they have been declared applicable supersede all prior and contemporaneous communications, understandings and Terms and Conditions of Purchaser and Seller (verbal or written). 16. MODIFICATION. These Terms and Conditions may not be modified or amended in any way unless such modification or amendment is in writing and signed by an authorized officer of each Seller and Purchaser. 17. SEVERABILITY. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid under any applicable law, the portion deemed to be invalid will be deemed omitted, and the remainder of these Terms and Conditions shall remain enforceable. 18. GOVERNING LAW; JURISDICTION; VENUE. These Terms and Conditions for the sale of RevitaLash® Eyelash Conditioner are entered into in Ventura County, California, and in all respects shall be construed and governed by the laws of the State of California, excluding its conflict of laws principles. Purchaser and Seller agree and accept that any legal action or proceeding with respect to these Terms and Conditions shall be brought in the state courts for the State of California, County of Ventura, or in the Federal District Court for Ventura County, California, and the parties expressly waive any objection to personal jurisdiction, venue or forum non conveniens. The parties further agree that these Terms and Conditions, and the rights and obligations of the parties hereunder, shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period, as amended. 19. NO IMPLIED WAIVER. The failure of either party at any time to require performance by the other party of any provision of these Terms and Conditions shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of these Terms and Conditions constitute a waiver of any succeeding breach of the same or any other provision. 20. INVOICES. Seller may submit invoices or order confirmations to Purchaser by electronic communication, including, but not limited to, use of the internet, email and facsimile. 21. RELATIONSHIP OF PARTIES. Seller and Purchaser are independent contracting parties and nothing in these Terms and Conditions shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other. 22. FURTHER ASSURANCES. The parties agree to execute any further Terms and Conditions, and provide any requested assurance reasonably necessary for the parties to effectuate the purpose of these Terms and Conditions. 23. COSMETIC. Purchaser acknowledges that RevitaLash® Eyelash Conditioner is marketed as a cosmetic under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., and comparable state laws. RevitaLash® Eyelash Conditioner is intended only to promote the attractiveness, enhance the beauty, and improve the appearance of eyelashes. All claims for the RevitaLash™ Eyelash Conditioner products shall be limited to these intended uses. Seller makes no claims nor warrants that RevitaLash® Eyelash Conditioner promotes hair growth, prevents hair loss or is intended for use as a substitute for any type of “hair growth” product. In addition, RevitaLash® Eyelash Conditioner is not intended to treat, prevent, arrest, cure, resolve, reverse or diminish hair loss; nor is it intended to promote hair growth where hair loss has already occurred. Seller makes no warranties or claims, either explicit or implied in its labeling, advertising promotion, offering for sale, sale, or distribution, that RevitaLash® Eyelash Conditioner will produce any physical results, whether structural or functional, or cause eyelashes to grow. Seller further disclaims any comments or reports by RevitaLash® Eyelash Conditioner resellers and end users regarding any specific results pertaining to RevitaLash® Eyelash Conditioner. 24. WARNINGS. Purchaser agrees to read and follow all directions, warnings, and precautions for RevitaLash® Eyelash Conditioner. Purchaser must consult Purchaser’s own physician or health care provider about Purchaser’s own medical and health questions.