PLEASE READ THE FOLLOWING PROVISIONS AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). BEAUTYCLICKS.COM PROVIDES ITS SERVICES TO YOU (THE “USER”) SUBJECT TO THE FOLLOWING USER AGREEMENT (THE “AGREEMENT”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.
As a subsidiary of a licensed salon, we offer you the finest professional hair care at very competitive prices. Through this Site, we will be happy to supply you with professional hair-care products when you are unable to visit a salon. By using this Site, you are acting as our personal client and we, as your personal stylist and shopper. You may purchase products online 24 hours a day, 7 days a week. These products are for consumer purchase only and are not to be resold. We cannot sell products in bulk or wholesale.
LEGAL INFORMATION
All products and companies referred to in this Site are trademarks or registered trademarks of their respective companies or mark holders. Your use of the BeautyClicks.com Site is at your risk. You are authorizing us to act as your personal shopper (a consumer service protected by the U.S. Federal Trade Commission) and you, as our personal client. We are not liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of this Site.
ACCURACY OF INFORMATION
While BeautyClicks.com takes steps to ensure the accuracy and completeness of product information provided, please refer to the originator (i.e., manufacturer) of the information for complete product details.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, BeautyClicks.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BeautyClicks.com shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BeautyClicks.com shall immediately issue a refund to your credit card account in the amount of the charge.
COPYRIGHT NOTICE
User acknowledges that BeautyClicks.com contains information, data, software, photographs, graphs, typefaces, graphics and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. Copyright Laws, and BeautyClicks.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. All the Content available on this Site may only be used by you for your personal shopping and data gathering.
TRADEMARK NOTICE
BeautyClicks.com’s graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of BeautyClicks.com. BeautyClicks.com’s trademarks and trade dress may not be used in connection with any product or service that is not BeautyClicks.com’s, in any manner that is likely to cause confusion among Users or in any manner that disparages or discredits BeautyClicks.com. All other trademarks not owned by BeautyClicks.com that appear on this Site are the property of their respective owners (manufacturers of the respective products being offered for sale are the owners of their registered trademarks, logos and/or copyrights), who may or may not be affiliated with, connected to or sponsored by BeautyClicks.com or its subsidiaries.
DIVERSION
On March 9, 1998, the U.S. Supreme Court ruled in favor of hair-care distributors and consumers: In a unanimous ruling, the U.S. Supreme Court, 118 S.Ct. 1125 (1998), found that once a lawful sale of a copyrighted item has occurred, the Copyright Act’s prohibition against unauthorized distribution is inapplicable to a domestic or foreign distributor who decides to resell the item in venues other than those intended by the manufacturer of the hair-care or cosmetic goods. In the court’s opinion: “Once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his statutory right to control its distribution.” We are a cosmetic salon retail establishment with licensed cosmetologists. We do not believe in diversion and will not sell wholesale, in bulk or in any way that we feel may put our products into the consumer mainstream circuit, such as drugstores. Our products are to be used by the consumer only and are not to be resold. We want you to order your products on the professional advice of your licensed cosmetologist, and if you do not have your own, then we will be happy to act as your personal shopper. BeautyClicks.com is not a wholesale distributor or manufacturer. We are simply a cosmetic salon retail establishment.
DISCLAIMER – BEAUTY PRODUCTS
BeautyClicks.com sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products (collectively “Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that User is aware of the possibility that some people may have allergic or other reactions to such products. BeautyClicks.com is not the manufacturer of the Beauty Products; therefore, it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet any needs or expectations of User. Additionally, BeautyClicks.com does not accept any liability for any loss, damage or injury caused by such products.
GENERAL DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL ITS RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEAUTYCLICKS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEAUTYCLICKS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEAUTYCLICKS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE.
APPLICABLE LAW
This Site is created and controlled by BeautyClicks.com in the state of Maryland. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Maryland, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Baltimore City, Maryland, USA.
SEVERABILITY
If any provision herein is held to be illegal or unenforceable, then such provision shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the provision) shall remain and have full force and effect.
ENTIRE AGREEMENT
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between BeautyClicks.com and User with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by User shall be deemed rejected by BeautyClicks.com without need of further notice and shall not be part of this Agreement or in any way binding upon BeautyClicks.com.
ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF
Use of the Site represents an acceptance by User of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by BeautyClicks.com on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to this Agreement may, from time to time, be made by BeautyClicks.com by sending an e-mail to User at User’s last known e-mail address or by posting thereof on the Site.
