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Mally Beauty Website Terms of Use

Mallygirl, LLC (alternatively, “Mally” “We”, “Us” or “Our”), maintains this website located at www.mallybeauty.com and its associated and/or successor websites, webpages, content and other materials (collectively the “Site”) to provide to its customers (“You” or “Your”) information about Mally, its products, services (“Products”) and the beauty industry, to assist you in making decisions with respect to Your purchase of Products and to assist You in communicating with Mally. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. You must accept and abide by these Terms of Use as presented to You. No change, addition or modification is acceptable. If You do not agree to all the terms as presented, You may not make any purchases of Product or undertake any Communications (as defined below). By clicking the “I agree” button at the end of these Terms of Use, whether or not You have read them, or by accessing, registering on or otherwise using the Site or any of its Licensed Content, You agree, without limitation or qualification, to be bound by these Terms of Use.

1. Generally
Mally endeavors to provide you with a safe method to research and shop for its Products. You are free to browse the Site to learn more about Mally and its Products. This and all other material posted on the Site or otherwise approved by Us (collectively, “Licensed Content”) is licensed to You for the sole and limited purposes set forth in the Site and these Terms of Use. You may view and print portions of the Licensed Content for Your own personal use but not for resale or other commercial exploitation and never for use other than as provided in these Terms of Use. Any other use of Licensed Content without Our prior written approval is strictly prohibited.

2. Technical Information
Mally, its business partners and other companies providing services to or on behalf of Mally may use various technologies, such as cookies and web beacons (1×1 pixels), to collect non-personally identifiable information discernable as a result of Your visit. As technology evolves, we may gather information through other means as well. This may include, without limitation, Your IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to surveys and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. Mally and/or its service providers may use and disclose non-personally identifiable data derived for reporting purposes, for scheduling and optimization of content delivery and, of course, if required to do so by law. IP addresses also may be collected for system administration to include in outgoing mail message headers.

3. Privacy
Mally values its relationship with You and uses commercially available technology to safeguard any personal information collected through the Site. Unfortunately, the internet is an open medium and no data transmission through the internet is completely secure. You transmit Your personal information at Your own risk and Mally does not guaranty or warranty the security of information You transmit to or from the Site other than as described herein. Once received, Your personal information is retained only as long as necessary to respond to Your questions/requests, fulfill your request for literature or other information, to provide product support, correct problems with the Site, contact You (for example, to notify You of new or improved services or Site features), to enlist Your participation in email campaigns, surveys, promotions, sweepstakes or contests, to customize Licensed Content, improve customer support services, conduct research, advertising, marketing and promotional campaigns, and to provide anonymous reporting for Our use and that of third parties. Your personal information is not shared with third parties.

Except for any personally identifiable information Mally may collect from You under the guidelines established in this Privacy Statement, any comments, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication You email to Mally (collectively, “Communications”) are non-confidential and nonproprietary. Mally has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. Mally has no liability for and may copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes without identifying You and without compensating You.

If Mally were to merge with or be acquired by another company or if it were to cease operations, Your information may be transferred to the surviving or acquiring company and will then be subject to that entity’s privacy policy. In addition, Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify or contact you or bring legal action to enforce any of Our rights, including against You or a third party, for violation of these Terms of Use, and to prevent injury to or interference with Mally’s rights or property, the rights or property of other Site users or anyone else that could be harmed by such activities. Mally may disclose or access Your information whenever We believe, in good faith, that the law requires it, for administrative and other purposes deemed necessary to maintain, service and improve Our services and to protect Our rights or property. By accessing and using the Site, You agree that information You have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time.

4. User Conduct
In general, Mally expects visitors to interact with Mally and other users of the Site in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with Mally or another is prohibited. You may not publish through the Site any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. Mally reserves the right to remove any Communications if it is flagged as inappropriate more than 3 times.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right. You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site. Framing, in line linking or other means of associating the Site, Marks or Licensed Content with another or with any material, link or information not originating with Mally is expressly prohibited.

Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited. Under no circumstances is or will Mally or its affiliates be liable in any way for any Communications, Your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. You shall agree to release and waive all rights in the ideas, pictures or text used in any Communications.

5. Security Policy
Mally will take all reasonable precautions to insure that Your payment information is always safe. We will clear all payments through a secured gateway (authorize.net) and conform to security certificate standards for our Site. Our software encrypts all of your personal information including credit card number, name and address so that it will not be read or transmitted over the internet.

6. Return Policy
We will accept the return of any Product within 30 days of purchase. All returns are limited to the cost of the Product plus return shipping. Returns will only be valid if you use the shipping return label that we provide with the Product and We receive it in Our return facility within 30 days of purchase. All returns are only payable as a credit to the original credit card used in the purchase of the Product.

7. No Resale
Any resale of any Product is strictly prohibited. Any resale or attempted resale of any Product will result in immediate termination of all access and purchase privileges.

8. Indemnity
You agree to indemnify, defend, release and hold Mally, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of Your use of the Site, Your connection to the Site, Your violation of these Terms of Use. In the event You provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, You agree to indemnify Mally for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Mally by any third party based upon the information You provide or Your use of the Site.

9. Modifications to the Site and these Terms of Use
From time to time Mally may change the Licensed Content, the products and services offered, disable certain features of the Site or expand the Site’s capability. Mally also reserves the right at any time and from time to time to modify these Terms of Use, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You are responsible for regularly reviewing these Terms of Use. You agree that Mally shall not be liable to You or to any third party in any way.

10. Termination
Mally, in its sole discretion, may suspend or terminate Your access or use for any reason, but especially if Mally believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use. Mally may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Mally shall not be liable to You or any third party for any suspension or termination of Your access to or use of the Site.

11. Links 
The Site may contain links to other internet websites or resources. When You link to those sites, You leave the Site. Mally has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites, including without limitation, participating ambassadors. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices. Mally expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that Mally endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that Mally shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

12. Mally’s Proprietary Rights
Except for third party trademarks, everything You see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without Mally’s express written permission. The Site and any necessary software used in connection with the Site (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Site (all of which are included in and as the “Licensed Content”), is owned by Us and our principals. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to Us or other third party owners who have granted Mally the right and license to use their marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site address or Marks in page text, as key words, meta tags or any other “hidden text.”

13. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to Mally. Mally respects the intellectual property of others, and asks its users and visitors to do the same. Mally will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Mally will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

14. Disclaimers And Limitations Of Liability
While we make every commercial reasonable effort to provide excellent advice and products that deliver excellent results, Mally disclaims all representations or warranties about the accuracy or completeness of the Site or the Licensed Content. All advertised prices exclude government fees and taxes and finance charges. Mally does not target or market to and the Site is not intended for use by, children under age 13. Mally will not intentionally contact or request personal information from children under the age of 13 for any purpose except as may be reasonably necessary to obtain parental consent. Mally will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. If registration is required, upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Site does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children. You agree that any tips or techniques of application of our Products described on the Site shall be undertaken at Your discretion and risk and Mally shall assume no risk or liability therefrom

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE (INCLUDING BUT NOT LIMITED TO APPLICATON TIPS AND TECHNIQUES OF OUR PRODUCTS) IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MALLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.


(B) MALLY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.


(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.


(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MALLY OR THROUGH OR FROM THE MALLY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF MALLY PRODUCTS.


(E) MALLY IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE OR PROVIDED WITH THE PRODUCT PACKAGING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MALLY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, MALLY’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MALLY WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. General Information
These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between You and Mally with regard to and shall govern all purchases. Your activities and use of the Site, superseding any prior agreements between You and Mally. You also may be subject to additional terms and conditions contained in invoices, purchase orders, shipping manifests, bills of lading or terms and contracts that may apply when You use affiliate services, third party content or third party software. These Terms of Use, Your use of the Site and any other agreement with and the relationship between You and Mally shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and Mally agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the County of Baltimore, State of Maryland, regardless of the fact that the Site is accessible outside the United States. If You do access the Site outside the United States, Your connection is through and to servers located in the United States. Any personal information You provide will be processed and maintained on Mally’s Site servers and/or has other network systems operated by or for Mally’s benefit located within the United States. Notwithstanding the foregoing, Mally may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of Mally to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, You must file any claim or cause of action arising out of or related to Your use of the Site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.