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JACLYN SMITH BEAUTY LLC
TERMS OF USE

Welcome to our site. Jaclyn Smith Beauty LLC (hereinafter referred to as "Jaclyn Smith Beauty" or "We") maintain this website as a service to our customers. By using our site, you are agreeing that you have read and understood the Terms of Use and agree to comply with and be bound by the Terms of Use ("Terms of Use"). You also agree to comply with all laws and regulations applicable to the use of this website, to the use of the Internet, and to the activities involved in using this website. Please review the following terms carefully.

Compliance with Law

This website is owned by Jaclyn Smith Beauty LLC. Visitors who choose to visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of this website and information, content, material and services contained herein.

Venue and Jurisdiction

Claims relating to this website, to the use of this website, and to the information, content, material and services available through this website are governed by the laws of the United States and the State of California as applicable. You hereby unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction and venue of the Courts of the State of California in any claim or dispute concerning, relating to, or arising from this website and any information received through this website.

Visitor On-line Conduct

You agree to use this website only for lawful purposes.

You agree to use this website only for its intended purposes.

Jaclyn Smith Beauty reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.

You agree not to disrupt this website.

You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website.

You agree not to disrupt or interfere with any other visitor's use of this website.

You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations.

You warrant that all information that you provide to gain access to the services provided by this website is accurate and truthful.

Copyright, Trademark and Intellectual Property

All information, content and material ("Content") comprising or made available by Jaclyn Smith Beauty through this website (including, without limitation, any computer source or object code comprising this website) is owned by or licensed to Jaclyn Smith Beauty. Jaclyn Smith Beauty and its licensors retain all rights in this Content.

All Content, including, but not limited to the website design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Jaclyn Smith Beauty and/or its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, sold or otherwise transferred, conveyed or used in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.

Jaclyn Smith Beauty grants you permission to display, copy, distribute, print and/or download the Content on this website for your personal, non-commercial use only. Except as expressly authorized by Jaclyn Smith Beauty, if you display, copy, distribute, print and/or download the Content on this website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of the permission, you must immediately permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.

Jaclyn Smith Beauty, is a registered trademark, trademark, trade name, service mark, or otherwise protected property of Jaclyn Smith Beauty and may not be used, copied or imitated without the prior written consent of Jaclyn Smith Beauty.

Jaclyn Smith Beauty's intellectual property may not be used in connection with any service or information that is not Jaclyn Smith Beauty's. Jaclyn Smith Beauty's intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Jaclyn Smith Beauty. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

The compilation of the Content on this website is the exclusive property of Jaclyn Smith Beauty and is protected by U.S. and International copyright law.

You may not mirror any Content contained in this website or any other website or server.


Digital Millennium Copyright Act, Transmission of Third Party Content

You may not copy, print, download, upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such copying, printing, downloading, uploading, posting or distribution on the web.

Anything for which permission has been granted to copy, print, download, upload, post or otherwise distribute must contain the notice "Copyright, 2010, Jaclyn Smith Beauty used by express permission."

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

Jaclyn Smith Beauty, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

Jaclyn Smith Beauty, pursuant to the Digital Millennium Copyright Act, designates Jaclyn Smith Beauty to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on Jaclyn Smith Beauty's website in a way that constitutes infringement, you may notify Jaclyn Smith Beauty by providing Jaclyn Smith Beauty the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. Identification of the URL or other specific location on Jaclyn Smith Beauty’s website where the material that you claim is infringing is located;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners’ behalf.

You are prohibited from copying, downloading, uploading, posting or otherwise distributing on this website any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Jaclyn Smith Beauty, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content

Jaclyn Smith Beauty may display Content supplied by visitors and other third parties on its website. Jaclyn Smith Beauty maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

JACLYN SMITH BEAUTY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else's reliance on Content available on this website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this website.

Editing, Deleting and Modification

We reserve the right in our sole discretion to change, suspend or discontinue any feature, aspect, product or service available through this website at any time. Jaclyn Smith International may alter the availability of any feature of this website or service related to any feature of this website at any time. Jaclyn Smith Beauty may add, remove or modify any content of this website, including that of third parties, at any time.

Indemnification

You agree to indemnify, defend and hold Jaclyn Smith Beauty and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any damages, liability, loss, claim and expense, including reasonable attorneys' fees, related to (i) your use of this website, (ii) your use of the Content, information or services available through this website, (iii) your violation of these Terms of Use, and/or (iv) your providing inaccurate or untruthful information to gain access to the services provided through this website.

Nontransferable

Your right to use the website is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Disclaimer

THIS WEBSITE IS PROVIDED "AS-IS," AND "AS AVAILABLE." JACLYN SMITH BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

JACLYN SMITH BEAUTY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.

Limitation of Liability

JACLYN SMITH BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE.

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, JACLYN SMITH BEAUTY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF JACLYN SMITH BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, JACLYN SMITH BEAUTY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

Use of Information

We reserve the right, and you authorize us, to the use and assign all of your personal information provided by you in the manner consistent with our Privacy Policy. To know what privacy measures Jaclyn Smith Beauty has taken and what information we retain from your visit to Jaclyn Smith Beauty's website, please read our website Privacy Policy, which is incorporated herein by reference.

Change of Terms

By using this website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use our website.

Links to Other Websites

The site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Jaclyn Smith Beauty. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Survivability

All representations and warranties made by Jaclyn Smith Beauty shall survive termination of these Terms of Use.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Integration Clause

These Terms of Use constitute the entire and only agreement between you and Jaclyn Smith Beauty, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the Content, products or services provided by or through the website, and the subject matter hereof.

No Waiver

Jaclyn Smith Beauty's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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