Terms & Conditions
Copyright and Trademarks.
ERIK BERNTSEN AT STUDIO ONE is a trademark of Eleven Eleven, LLC. All rights in respect to this trademark are hereby expressly reserved.
Everything located on or in this Site, including the Microsites, is the exclusive property of Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ERIK BERNTSEN, ERIK BERNTSEN AT STUDIO ONE, or ELEVEN ELEVEN, LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. shall not be deemed to be in the public domain but rather the exclusive property of Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. unless otherwise stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User. The foregoing provisions apply equally to and are for the benefit of Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC., its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Copyright Policy.
Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC’s Copyright Agent for notice of claims of copyright infringement is as follows:
Eleven Eleven, LLC.
Attn: Copyright Agent
4380 SW Macadam Ave.
Suite 160 Portland, Oregon 97239
customerservice@erikstudioone.com
Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER ERIK BERNTSEN, ERIK BERNTSEN AT STUDIO ONE, or ELEVEN ELEVEN, LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE PROVIDED THROUGH THIS SITE OR THE MICROSITES. THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ERIK BERNTSEN, ERIK BERNTSEN AT STUDIO ONE, or ELEVEN ELEVEN, LLC, HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL ERIK BERNTSEN, ERIK BERNTSEN AT STUDIO ONE, or ELEVEN ELEVEN, LLC,, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ERIK BERNTSEN, ERIK BERNTSEN AT STUDIO ONE, or ELEVEN ELEVEN, LLC's LIABILITY IN CONNECTION WITH A PERMANENT COSMETIC MAKEUP, EYELASH EXTENSION, OR OTHER TREATMENT OR PROCEDURE PERFORMED BY ERIK BERNTSEN EXCEED THE AMOUNTS PAID FOR SUCH TREATMENT OR PROCEDURE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Monitoring.
Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC., as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. shall have the right, but not the obligation, to remove any material that Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification/Release.
End User agrees to defend, indemnify and hold harmless Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites. End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law.
Termination.
Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. may terminate any agreement(s) with you at any time.
Miscellaneous.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. established by Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC., constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Arbitration.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC. arising out of, relating to, or connected in any way with permanent cosmetics services (i.e., tattooing, micropigmentation, etc.), eyelash extensions, this Site, or the purchase or sale of any merchandise from this website, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Erik Berntsen, Erik Berntsen at Studio One, Eleven Eleven, LLC., and its affiliates. (3) the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Erik Berntsen, Erik Berntsen at Studio One, and Eleven Eleven, LLC's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
The prices listed for cosmetic procedures include tax. Refreshers are one appointment only: unless stated, all other procedure prices include a free re-touch appointment one month after the initial procedure. Any appointment made after that time period is payable. Please note that at Erik Berntsen’s discretion a deposit of $100 will be required to secure an appointment. Once a deposit for an appointment has been paid, the client agrees to the Terms and Conditions of booking as outlined on this website. A refund will only be given if a 24 hour cancellation notice is given and this is subject to a $25 administration charge. Appointments not attended or cancelled with less than a 24 hour notice will be charged at 50% of the full procedural price, unless Studio One is able to reallocate the booking to another client, in which case the deposit only will be chargeable. Cancelled appointments will always be confirmed with either email or written correspondence, without confirmation the appointment is not recognized as cancelled. The client agrees to ensure that they have received this confirmation in the event of any cancellation they may make with the office. Payment by debit or VISA or MasterCard, or personal check. Other payment methods are by agreement with Erik Berntsen at Studio One. American Express is no longer accepted as of June 15th, 2010.