General Rules and Information:
This site (the "Site") is owned and operated by Merle Norman Cosmetics, Inc. ("MNC") for your personal non-commercial use only.
You may not use the Site until you have read and agree to abide by the terms of this Standard User Agreement ("Agreement").
If you have comments regarding the Site or this Agreement, you must send any official correspondence via postal mail to MNC's principal place of business: 9130 Bellanca Avenue, Los Angeles, California 90045.
Your Acceptance of This Agreement:
By entering the Site you accept and are bound by this Agreement without limitation, qualification or change. You represent that you have read and agree to abide by all the terms and conditions of this Agreement at all times while using the Site. You may not use the Site in any way that involves a failure to abide by any term or condition of this Agreement.
Changes to This Agreement:
MNC reserves the right to change this Agreement at any time. MNC will post a notice of such change on the Site. By continuing to use the Site after a change is made, you accept and are bound by the modified Agreement. Only MNC may alter this Agreement.
Termination of this Agreement:
You may not use this Site for any purpose that is unlawful or prohibited by this Agreement, or that causes damage on or through this Site. This Agreement is effective until MNC terminates it. If at any time you determine that you do not accept all the terms and conditions of the Agreement, you must immediately discontinue use of the Site and destroy all materials and copies of materials obtained from the Site.
If MNC determines that you have not complied with any part of this Agreement, it may terminate your access to the Site and any services provided by the Site without notice. Any termination of this Agreement removes your authorization to access or use the Site and requires you to destroy all electronic or other materials and copies of such materials obtained from the Site. However, in the event of termination, you will still be bound by your obligations under this Agreement including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, MNC shall not be liable to you or any third-party for any termination of your access to the Site.
Use of Intellectual Property:
You acknowledge and agree that the Site and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, MNC logos, titles, characters, names, graphics and button icons (collectively, "Intellectual Property"), are protected by copyrights, trademarks, service marks, proprietary rights, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by MNC or the party credited as the provider of the Intellectual Property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
You may not, and agree that you will not, copy, download, license, publish, enter into a database, display, modify, create derivative works, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or the Site itself, in whole or in part, except as expressly provided in this section of this Agreement. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without written permission from MNC is prohibited. In addition, use of the content or materials of the Site for any purposes not expressly permitted in this Agreement is prohibited.
Unless otherwise expressly permitted, websites may not hyperlink to or frame the Site, nor any webpage or material herein, nor may any entity include a hyperlink to any aspect of the Site in an e-mail for commercial purposes, without the express written permission of MNC.
You may browse the Site and occasionally print or download to a single, personal computer, one copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other proprietary notices contained in this one personal copy. You may not distribute, or otherwise make available to others, this one personal copy. You may not save or archive a significant portion of the material appearing on the Site.
The names "Merle Norman Cosmetics, Inc.," "MERLE NORMAN," "LUXIVA" and "GOLD MEDALLION STUDIO" and other marks listed on the Site are trade names, trademarks and service marks of MNC.
General Limitation of Liability: Disclaimer of Warranties:
Your use and browsing of the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, AND ALL SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MNC DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON THE SITE; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS ON THIS SITE WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
MNC, ITS STUDIO OWNERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, INCLUDING BUT NOT LIMITED TO MNC'S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE ADVISED MNC IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MNC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW.
MNC is not responsible for or liable for any damage, including damage caused by viruses, to your computer system, or other property, during or on account of access or use of the Site.
You agree to indemnify, defend, and hold harmless MNC and its subsidiary and affiliated companies, its Studio Owners and any others involved in creating the Site and its contents from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. MNC reserves the right to take exclusive control of the defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with MNC in asserting any available defenses.
Links to Other Sites:
This Site may contain links to websites operated by third parties. MNC does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed or distributed, or product or services available at these sites. If you choose to access any third party site, you do so at your own risk.
Feedback and Submissions:
For over 70 years, MNC has developed and manufactured its own products, containers, marketing ideas and campaigns. Today, we have a dedicated group of professionals at MNC who work on all aspects of development. As a result, it is MNC's company policy not to accept or act upon suggestions or ideas from outside the company. MNC therefore asks that you not submit unsolicited ideas or suggestions to MNC.
Any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that MNC does not retain exclusive ownership of any such material, information, or ideas, then MNC retains a non-exclusive license to use them.
Access to and use of the Site is currently available without charge. MNC reserves the right to charge a fee for access to the Site, or access to or use of parts of the Site or services available on the Site at any time in the future. Your access to or use of the Site before this time does not entitle you to use of the Site without charge in the future.
Privacy and User Information:
MNC reserves the right to use Internet "cookies" (a small amount of software automatically downloaded to your computer's hard drive) or other programs or methods to gather information about your use of the Internet in an effort to serve you better and for marketing efforts of MNC and its Studio Owners. This information does not personally identify you. You may set your browser not to accept cookies, but if you do so, certain areas of our Site may not function as intended.
All registration records, contact information and other personally identifiable information that you disclose to the Site are the property of MNC. MNC reserves the right to use these records and this information for its own marketing or other purposes, or those of its related entities to the extent permitted under applicable law. These purposes may include disclosure to our agents, advisors, affiliates, service providers, assignees and successors in interest or to Studio Owners of MNC. We do not otherwise disclose, sell or rent your personal information gathered online.
The Site may include "links" to other Internet sites that may be of interest. MNC does not control the privacy policies of the websites to which we link and make no representations about the collection, use or disclosure of information by linked sites.
MNC makes no representation that materials on the Site or items available through the Site are appropriate or available to use in locations outside the United States, and accessing the Site from territories where the contents of the Site or items available through the Site are illegal is prohibited. Those who choose to access this Site from outside the United States do so at their own risk and initiative and are responsible for compliance with any applicable local laws.
With Respect To Children:
Merlenorman.com is not intended for use by individuals under the age of thirteen and does not knowingly collect or use information from children under the age of thirteen. In the event that we learn a user younger than thirteen has provided us with personally identifiable information, we will promptly delete all of that child's personal information we have collected.
Choice of Law, Forum Selection, Severability, and Integration:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and MNC with respect to this Site, supercedes all prior or contemporaneous communications or proposals between you and MNC with respect to the Site, and shall not be modified except in writing, signed by an authorized representative of MNC. If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
You agree to file any cause of action with respect to this Agreement and your rights and obligations in Los Angeles, State of California within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
By using this Site you accept the terms and conditions governing the Site.
Last Updated: December 15, 2004
© 2004 Merle Norman Cosmetics, Inc. Merle Norman name, design, logos and related marks are registered trademarks of Merle Norman Cosmetics, Inc. All rights reserved.