Merle Norman

Terms and Conditions

Effective Date: July 1, 2019

 

Welcome to www.kxvi.cn (“Site”), which is made available to you by Merle Norman Cosmetics, Inc. (“MNC,” “we,” “us” or “our”).  Your use of this Site and purchase of any orders is subject to the following Terms of Use (“Terms”).  These Terms apply only to your use of this Site and orders placed through this Site.  These Terms do not apply to our franchisee websites.  Please see the terms posted on those third party websites for their terms of use.

 

Please read these Terms carefully before accessing this Site or placing any orders, so that you fully understand your rights and responsibilities.

 

By accessing the site or placing any orders, you agree that you have read and understand these Terms.  If you do not agree with these Terms, do not access the Site or place orders through the Site.  Merle Norman® products can be purchased by visiting your local independently owned Merle Norman® Cosmetic Studio, but products on this Site may not accurately reflect the products and services offered at your local Merle Norman® Cosmetic Studio.

 

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and MNC will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

 

MNC may modify or amend these Terms at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site.  By accessing the Site after changes to the Terms are posted, you agree to the changes.

 

1.     Privacy Policy.  We may collect certain information from your use of the Site as described in our Privacy Policy, which is a part of these Terms.  The Privacy Policy describes our information collection, use, and sharing practices, which you agree to by using the Site.  In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy controls.

2.     Intellectual Property Rights. The “Site” includes its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Site is exclusively the property of MNC or its licensors. The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or related intellectual property belonging to MNC or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

 

     Copyright © 2019 Merle Norman Cosmetics, Inc. All rights reserved.

3.     Product and Service Availability. MNC may suspend or terminate the Site, in whole or in part, at any time in its sole discretion for any reason.  All offers on the Site are void where prohibited by law. Products, advertised prices and available quantities may change at any time without notice to you. Some products may not be available in certain areas. The information contained on the Site may contain technical inaccuracies or typographical errors or omissions. All purchases through the Site are subject to these Terms. 

4.     Product Colors and Descriptions.  MNC strives to display as accurately as possible the products shown on the Site; however, we cannot and do not guarantee that the product descriptions, your monitor’s display of any color, or other information or content will be accurate, complete, reliable, current, or error-free.

5.     Terms of Sale. Nothing on this Site constitutes an offer, but an invitation by you to make an offer to purchase products through the Site. All orders are subject to acceptance by MNC as quantities are limited. The products available on the Site, and any samples we may provide to you, are for personal use only and are not to be resold. There may be certain orders that we cannot accept and must cancel. In our sole discretion, we may refuse or cancel any order for any reason as permitted by applicable law. We will not ship any orders outside of the continental United States. Title to products will pass to you when you receive the products. If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted within five (5) business days of your receipt of the shipment.

6.     Payment Data. Purchases of products made through the Site must be made by credit or debit card. Information about our collection and use of payment-related data is described in our Privacy Policy. If the credit or debit card data that you submit is incorrect or invalid, your payment will not be processed and your order will not be completed. We have no responsibility or liability if your credit or debit card is declined by your financial institution.

7.     Returns and Refunds.  We want you to be satisfied with your Merle Norman® products.  If you are not happy with your purchase, you may return the product within thirty (30) days of your receipt of the product.  You can return your product by printing return label from our website.  When we receive your return, the cost of shipping us the product will be deducted from your refund. If you have questions about printing a return label, please contact as at: customercare@merlenorman.com.  You are responsible for the cost of shipping.  Products ordered online through the Site may not be returned to your local Merle Norman® Cosmetic Studio.

8.     Shipping and Taxes.  Unless otherwise noted, shipping and handling fees will be charged separately. Sales, use and similar taxes will be charged to you by MNC to the extent required by law. 

9.     Your Account.  You must be 18 years of age to place an order via the Site.  If you are over 18, you may elect to create an account with us to facilitate future orders. You are responsible for all use of your account and all activity under your account. You represent that all account information provided to us is your infomration and is accurate.

10.    Franchise Opportunities. For any franchise inquiries, you will be redirected to our www.merlenormanfranchise.com website, which may have its own terms of use and privacy policy.

11.    Restrictions on Your Use of the Site.

  • You may download and print one copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
  • You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without MNC’s prior written consent.
  • You will not use the Site for unlawful purposes.
  • You warrant that all data you provide to us in connection with your access to and use of the Site is true, accurate, and complete.
  • You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Company.
  • You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
  • You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • You will not use the Site to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
  • You will not engage in activities designed to render the Site or associated services inoperable or to make their use more difficult.

12.    Social Media.  Links to MNC’s social media pages (e.g., Facebook, Twitter, Pinterest, Instagram, and YouTube) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect MNC's views.  We will treat all information posted to our Social Media pages as non-confidential.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, we are not endorsing that third party or any product, service or company they represent.

13.    No warranty. The Site is provided “as is,” “as available,” and without any warranty of any kind. Neither MNC nor its franchisees, affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Site. MNC makes commercially reasonable efforts to ensure that all material, data, and other information on the Site or shipped with your order is accurate and reliable, but neither accuracy nor reliability can be guaranteed. MNC does not warrant or guarantee the quality, completeness, timeliness, or availability of the Site or any products. MNC does not warrant or guarantee that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. MNC is not responsible for any typographical errors on the Site.  MNC is not responsible for any typographical errors on the Site.

To the maximum extent permitted by applicable law, MNC expressly disclaims all warranties of any kind with respect to the Site and all products and services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. MNC has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from MNC or in any manner from the Site creates any warranty.

We make no representation that the Site is appropriate or available for use in locations other than the United States. If you choose to access or use the Site from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Site, and any other damage that may be incurred.

Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.

14.    Limitation of liability. To the maximum extent permitted by applicable law, in no event will MNC, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “MNC Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with any products or the Site or your access to or use of, or inability to access or use, the Site (including without limitation the input of personal and other data into the Site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if an MNC Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Site or to return the products. Without limiting the foregoing, in no event will MNC Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

15.    Indemnification. You will indemnify, defend, and hold harmless MNC Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Site, (c) your order of products and services through the Site, or (d) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

16.    Termination.  If you violate applicable laws or these Terms, we may restrict, suspend or terminate your access to the Site without liability.

17.    Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

18.    Third-Party Websites.  The Site may link to, or be linked to, websites not maintained or controlled by MNC.  Those links are provided as a convenience to the visitors of our Site.  MNC is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  MNC does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party site (and such third-party’s use or your personal information), not these Terms.

19.    Linking to the Site.  If you operate a website and are interested in linking to the Site: (a) the link must “point” to the URL “http://www.kxvi.cn” and not to any other page; (b) the link and its use must be in connection with a website of appropriate subject matter that furthers the mission of MNC, as determined in the sole discretion of MNC; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with MNC’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by MNC; (e) the link, when activated by a user, must display the Site full-screen and not within a frame; and (f) you link must not modify the Site or the appearance of the Site in any way.  MNC reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.  You will be responsible for all costs and expenses incurred by MNC in enforcing the removal of its Site link from your website.

You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of MNC.  If MNC grants you a right to link to this Site, certain terms may apply and MNC reserves the right to revoke such consent at any time.

20.    Feedback. Company welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

21.    Disputes.  These Terms, and your access to and use of the Site, are governed by the laws of the State of California, without regards to its conflict of laws principles.  Venue is exclusively in the state or federal courts, as applicable, located in Los Angeles County, California.  The parties expressly agree to the exclusive jurisdiction of those courts.  Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

22.    Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with MNC and limit the manner in which you can seek relief from us.

  1. Applicability of Arbitration Agreement.

      1. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the MNC’s intellectual property or other proprietary rights, MNC may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

      1. This Arbitration Agreement applies to you and MNC, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Site provided under the Terms.

    1. Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.

    1. Place. The place of arbitration shall be in Los Angeles County, California unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all disputes, filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
    2. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
    3. Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

23.    Use in the United States.  This Site is intended for use in the United States only.  We do not guarantee that use of this Site will be available in any location other than the United States.

24.    Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of MNC’s successors and assigns.

25.    Third-Party Beneficiaries.  These Terms do not confer any rights, remedies, or benefits upon any person other than you and MNC.

26.    Entire Agreement.  These Terms and the Privacy Policy are the entire agreement between you and MNC with respect to your access to and use of the Site.  In the event of conflict between these Terms and our Privacy Policy, our Privacy Policy will control.

27.    Waiver.  MNC’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by MNC.

28.    Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

29.    Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and MNC may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

30.    California Users.  Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

31.    Contact Us.  Please direct any questions and concerns regarding these Terms to us by email at:

Merle Norman Cosmetics, Inc.
Attn: Customer Service
9130 Bellanca Avenue
Los Angeles, CA 90045
customercare@merlenorman.com
1 (800) 788-1191