Terms of Use
1. Welcome.
Welcome to the website of MAKA Beauty Systems, Inc. Your use of this site is conditioned upon your agreement to these Terms of Use (the “Agreement”) and the privacy policy for this site (the “Privacy Policy”), which is incorporated by reference. If you use our site, you are agreeing to the Agreement and the Privacy Policy. Please take the time to read this Agreement and the Privacy Policy carefully. This Agreement and the Privacy Policy may be amended from time to time in our discretion. We will post such changes. Use by you of this site after such a change has been posted constitutes your agreement to the Agreement and Privacy Policy as amended. This Agreement was last revised on June 26th, 2009.
2. Use of this Site by You.
This site is for your personal, non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, republish or otherwise use the information or material on this site. You may not use this site for any unlawful purpose, to endeavor to interfere with its operation or use of it by others, or to send any material which is unlawful or which would violate the rights of others. If you violate any of the provisions of this Agreement, we may terminate your use of the site.
3. Your suggestions and comments.
To the extent you provide information or material to us (such as suggestions for new products, services or regarding aspects of our site), please be aware that in so doing you will be granting us a perpetual royalty-free license to use, copy, reproduce, publish, disseminate and create products, offer services and modify our site based on such information, in whole or in part, in our discretion. However, use of information you provide by which you may be identified shall be used by us as provided for in the Privacy Policy. We reserve the right to remove and modify any information on the site.
4. Children.
This site is not directed to children, including children under 13 years of age. Children under the age of 13 are not permitted to use this site. Children who are 13 years or older must secure the permission of their parent or guardian before using this site.
5. Your indemnity.
You agree to indemnify and hold harmless MAKA Beauty Systems, Inc., its affiliates and subsidiaries and their respective directors, officers, employees, and agents, harmless from and against any liability, damage and costs (including reasonable attorneys’ fees) any of them incur as a result of any claim against any of them arising out of your use of this site or your breach of the Agreement. We shall have the right to defend and settle any such claim with counsel of our own selection and you agree to fully cooperate therewith.
6. Territory.
This site is for use only by individuals located in the United States (the “Territory”). If you are not located in the Territory, you are not permitted to use this site.
7. Notices.
This site is owned by MAKA Beauty Systems, Inc., including the compilation copyright thereto. © MAKA Beauty Systems, Inc., 2009. All Rights Reserved. The MAKA logo is a registered trademark of MAKA Beauty Systems, Inc. All logos, images and other copyrighted materials belonging to our manufacturing partners are used with permission.
8. Liability Disclaimers.
The information and material on this site may contain inaccuracies or typographical errors. Changes are periodically made to the information contained herein and we reserve the right to make changes at any time, in our discretion. We do not warrant that this site will operate without error or interruption, that defects will be corrected, or that the site or the server from which it is made available will be free of viruses or other harmful components. We are not liable for your use of this site. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE INFORMATION, MATERIAL, COMPUTER SYSTEMS, PRODUCTS OR SERVICES COMPRISING, CONTAINED IN, OFFERED ON OR DISCUSSED IN THE SITE (THE “CONTENT”). ALL SUCH CONTENT IS PROVIDED AS IS, AND WITH ALL FAULTS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED THROUGH THIS SITE OR THROUGH LINKS TO THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME IN THE SITE ITSELF IN CONNECTION WITH PARTICULAR FEATURES AND TO THE EXTENT THOSE DISCLAIMERS PLACE GREATER OR ADDITIONAL RESTRICTIONS ON YOUR USE OF THIS SITE OR THE CONTENT, SUCH DISCLAIMERS ARE HEREBY INCORPORATED BY REFERENCE.
9. Links to Third Party Sites.
This site may from time to time contain links to third party sites. These links are included for your convenience. We are not responsible for the content or operation of those sites, for the products, services to be found or ordered thereon, nor for the privacy policies of those sites. The inclusion of such links does not suggest any endorsement by us of the sites, their content or any association with the operators of those sites.
10. Monitoring.
We may monitor your use of our site, subject to the Privacy Policy.
11. Service contact.
If you have any questions about this site or if you have technical problems accessing information on our site, please contact: webmaster@makabeauty.com.
12. Termination.
We may terminate your use of this site and this Agreement, at any time, without notice to you, in our sole discretion. You may terminate this Agreement at any time by ceasing to use the site. Your sole remedy in the event of a dispute arising out of this Agreement, the site or your use thereof, is to terminate this Agreement and cease use of our site. In the event of termination, we may maintain or delete information about you and your use of the site, subject to the Privacy Policy. The provisions of Sections 3, 5, 7, 8, 12, 17 and the Privacy Policy shall survive termination of this Agreement.
13. Assignment.
Your rights and obligations under this Agreement are not assignable by you. We may assign our rights and obligations in our discretion.
14. Governing Law.
You agree, even if you are accessing this web site from a country other than the United States, that the laws of the state of Arizona in the United States shall govern any dispute with us, regardless of Arizona’s conflicts of laws principles. You agree to bring any dispute against us solely in the federal and state courts of Maricopa County, Arizona and you waive any claim for inconvenient forum or lack of jurisdiction. You agree not to combine your claim against us with the claim of any other person or entity.
15. Law Enforcement Requests.
We reserve the right to disclose any information about you or your use of our site as necessary to satisfy any law, regulation or government request.
16. Invalidity.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provisions will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
17. Entire Agreement.
This Agreement and the Privacy Policy contain the entire agreement between you and us with respect to this site.