ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
The Website is dedicated to providing you information about Miss Jessie's and the opportunity to purchase our products. We provide Visitors and Registered Users with access to the Website as described in this Agreement.
No login is required for Visitors. Visitors to the Website can (a) view all publicly-accessible content, (b) e-mail us, and (c) live chat with us.
Login is required for all Registered User services. Registered Users can do all the things Visitors can do, and also (a) purchase products from the Website, (b) sign up for alerts and other notifications, and (c) sign up for promotions.
Miss Jessie's is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.
You must be eighteen (18) years of age or older to purchase a product through this Website. If you are under the age of eighteen, you may contact us directly for assistance.
You hereby agree that Miss Jessie's may immediately authorize your credit card (or other approved facility) for payment for the services and/or products ordered under your Password (as defined below).
As set forth more fully in Section 5 below, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a transaction on your credit card statement, please use the "Contact Us" section of the Website to contact customer service.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a unique sign-in name ("Sign-In Name"), password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Miss Jessie's will not be liable for any loss or damage caused by any unauthorized use of your account.
The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Miss Jessie's (collectively referred to as the "Content"). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Miss Jessie's ("Miss Jessie's Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of Miss Jessie's, LLC. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Miss Jessie's Trademarks, the "Trademarks"). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Miss Jessie's Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content for this Website may be retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS TO MISS JESSIE'S
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
NO WARRANTIES/LIMITATION OF LIABILITY
We make no warranties or representations about the contents of the website or the services. We shall not be subject to liability for any delays or interruptions of the website or the services from whatever cause. You agree that you use the website, the website’s content, and the services at your own risk.
We do not warrant that the website or the services will operate error-free or that the website, its server, its content, or the services are free of computer viruses or similar contamination or destructive features. If your use of the website, the website’s content, or the services results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The website, its content, and the services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website, its content, or the services whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.
The website and the services may contain technical inaccuracies or typographical errors or omissions. Miss jessie’s is not responsible for any such typographical, technical, or pricing errors listed on our website. The website contains information on our worldwide products and services, not all of which are available in every location. A reference to a product or service on the website does not imply that such product or service is or will be available in your location. We reserves the right to make changes, corrections, and/or improvements to the website, and to the products, and programs described in such information, at any time without notice.
We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
The Website may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Content, the Website, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Payment," "Intellectual Property," "Communications to Miss Jessie's," "No Warranties/Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Effective as of February 1, 2011
The Information We Collect
When you sign up to become a Registered User, purchase our products and services, or enter a promotion, you may be required to provide us with your name, shipping address, billing address, e-mail address, phone number, and credit card or other payment facility information (collectively, the "Personal Information"). We do not collect any Personal Information from you when you visit the Website unless you provide us with the Personal Information.
In addition to the Personal Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the "Other Information"). Such Other Information may include:
- From Your Activity. Information that we or our technology providers may automatically collect when you visit the Website, such as your IP addresses, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while in the Website, and similar information concerning your use of the Website.
Accessing and Modifying Personal Information and Communication Preferences
You may access, remove, review, and/or make changes to Personal Information that you have provided to us by (i) e-mailing us at email@example.com, (ii) calling us at 1-888-JESSIE-6 (1-888-537-7436), or (iii) following the instructions described in the Customer Account section of the Website. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any Miss Jessie's marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt-out of receiving transactional e-mails related to your account with Miss Jessie's.
How We Use and Share the Information
We use the Personal Information and the Other Information to provide our services to you, to solicit your feedback, and to inform you about our products and services and those of our family of companies, including MJ Soho Salon, LLC. We do not share, sell, rent, or vend your Personal Information to any third party for marketing purposes.
We may use and/or share Personal Information and/or Other Information as described below.
- We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance with our e-mail systems and Website, order fulfillment, customer service, and marketing support. These other companies will have access to the Personal Information and/or Other Information only as necessary to perform their functions and to the extent permitted by law.
- In an ongoing effort to better understand our users and our products and services, we may analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Website and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
- If we or any of our affiliated companies (or all or substantially all of our assets or the assets of any of our affiliated companies) are acquired, we expect that the Personal Information and the Other Information would be transferred along with the other business assets.
- To the extent permitted by law, we may also disclose the Personal Information and the Other Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of Miss Jessie's or others.
How We Protect Your Information
We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use industry-standard SSL ("Secure Socket Layer") encryption technology, a secure server, and other physical and procedural safeguards to protect the security of the Personal Information. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notice to Non-U.S. Residents
The Website is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Website and/or providing us with any information, you consent to this transfer.
How to Contact Us
Copyright 2011 Miss Jessie's, LLC. All rights reserved.