Terms & Conditions
These Terms and Conditions were last revised and are effective as of March 30, 2015. If you have any questions about our Terms, please contact us at: [email protected]
SALONREPUBLIC.COM TERMS & CONDITIONS
Our Website includes all web pages within our Website, including, without limitation, www.SalonRepublic.com and shop.SalonRepublic.com, and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, our Content, our functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, Content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion and/or Content in, on or available through our Website, for any purpose, or if you try to do any of these things.
TERMS AND WEBSITE CHANGES
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
LIMITATION OF LIABILITY
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONDUCT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
We endeavor to maintain this Website and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
CHOICE OF LAW
These Terms and Conditions shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
WHAT INFORMATION DO WE COLLECT?
Unless you voluntarily provide or send us Personal Information, we will always ask you to submit or provide it to us before collecting your Personal Information. If you provide or submit your Personal Information to us we will provide you with the ability to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. To update and/or delete your Personal Information you have on file with us, please send an email at [email protected]
HOW DO WE USE YOUR INFORMATION?
Any of the information we collect from you may be used to:
Respond to your request;
Personalize your experience (your information helps us to better respond to your individual needs);
Improve our Website (we continually strive to improve our Website offerings based on the information and feedback we receive from you);
Improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
Send periodic communications (such as to respond to inquiries, requests or to provide you with news or other updates).
Note: If at any time you would like to unsubscribe from receiving future email communications, we include detailed unsubscribe instructions at the bottom of each email.
HOW DO WE PROTECT YOUR INFORMATION?
We maintain commercially reasonable standards of security and confidentiality. We also try to limit information access to individuals who need to have such access to perform their responsibilities associated with our Website and the Content on our Website. However, the Internet and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Website.
When you access our Website, we and our operational service providers and others who host our Website often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term “cookie” specifically refers to a small text file that is stored on a user’s computer for record-keeping purposes, we will use the term “cookie” to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our Website. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our Website (e.g., so-called ‘clickstream’ data) and other technological attributes about your visit to our Website. This information is used to analyze trends, administer our Website, track user movements on our Websites, and gather aggregate demographic information about visitors so we can continually improve our Website.
Cookies also allow our Website to recognize your computer or access device each time you visit and cookies can keep count of how often you return. Cookies can also track how you use our Website and your preferences for features and functions, and cookies can store information such as your user name and password so that you don’t have to re-enter them each time you return to visit. Cookies don’t personally identify you or any particular user or individual.
You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of our Website and it may also require you to re-enter certain information each time you visit or attempt to use our Website. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.
DO WE DISCLOSE ANY INFORMATION TO THIRD PARTIES?
We do not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities. We will always let you know if we intend to provide any of your Personal Information to an unaffiliated third party (e.g., not operational service providers) and we will ask you to consent (“opt-in”) whenever we intend to do so.
We always have the right to disclose your Personal Information to our operational service providers. Our policy is to request that our operational service providers protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Website, nor are they permitted to use your Personal Information for their own marketing or promotional purposes.
We also reserve the right to make your Personal Information available:
When we are compelled by a governmental agency, law, regulation, a court or other legal process;
If we believe you are, have or may violate any law, regulation, our Terms and Conditions;
If we believe you are or may be a threat to safety, property, interests or rights of us or others;
In order to investigate, respond to or resolve problems or inquiries or defend our interests; and/or
In a merger, acquisition, change of control, joint venture or other business combination.
We reserve the right to disclose your non-personally identifiable visitor information to third parties for marketing, advertising, or other uses.
THIRD PARTY LINKS
CHILDREN’S PRIVACY AND PARENTAL CONTROLS
We do not knowingly collect or solicit any Personal Information from children under the age of 13If you are under 18, you are not authorized to use our Website without express permission from your parent or legal guardian. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
TERMS AND CONDITIONS
Please also visit our Terms and Conditions establishing the use, disclaimers, and limitations of liability governing the use of our Website.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, allows individuals who are California residents that have provided their personal information to us to request certain information about our disclosures of certain categories of Personal Information (if any) to third parties for their direct marketing purposes during the immediately preceding year. We do not currently share any Personal Information with third parties for their direct marketing purposes.
Copyright © 2015 Salon Republic, LLC. All Rights Reserved.