User Agreement

USER AGREEMENT

By using the independentbeauty.com Web site (“independentbeauty.com“), you hereby agree to be bound by all the terms and conditions contained in this User Agreement (“Agreement”). Independent Beauty Supply Co., Inc. reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of independentbeauty.com after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

1. LIMITATIONS ON USE

Copyright and Restrictions. All information displayed, transmitted or carried on independentbeauty.com (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the “Content”) is protected by copyright and other intellectual property laws. The Content is owned by Independent Beauty Supply Co., Inc., its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through independentbeauty.com, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.

Permitted Use. You may make a single copy of the Content displayed on independentbeauty.com for personal, noncommercial use only, provided that you do not remove any trademark, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from Independent Beauty Supply Co., Inc. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Independent Beauty Supply Co., Inc. (Click here to E-mail to obtain permission.)

Changes in independentbeauty.com. Independent Beauty Supply Co., Inc. may modify, suspend, discontinue or restrict the use of any portion of independentbeauty.com, including the availability of any Content feature, at any time and without notice or liability.

2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

INDEPENDENTBEAUTY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. INDEPENDENT BEAUTY SUPPLY CO., INC. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENT NESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH INDEPENDENTBEAUTY.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

INDEPENDENT BEAUTY SUPPLY CO., INC. MAKES NO WARRANTY REGARDING INDEPENDENTBEAUTY.COM OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH INDEPENDENTBEAUTY.COM. INDEPENDENT BEAUTY SUPPLY CO., INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF INDEPENDENTBEAUTY.COM; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL INDEPENDENT BEAUTY SUPPLY CO., INC., ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY INDEPENDENTBEAUTY.COM, ITS PUBLIC POSTING FORUMS, ITS CONTENT OR ANY ERRORS, DELAYS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY LIABILITY OF INDEPENDENT BEAUTY SUPPLY CO., INC., ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO INDEPENDENT BEAUTY SUPPLY CO., INC. BY OR ON BEHALF OF YOU IN CONNECTION WITH INDEPENDENTBEAUTY.COM IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.

3. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Hudson, State of New Jersey within one year after the cause of action, otherwise the cause shall be barred.

4. ADVERTISING

All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Federal and State law make it unlawful for employers and employment agencies to advertise prospective employment where the job is limited as to age, race, creed, religion, color, national origin, sex, disability, genetic disposition, or career status, or marital status, unless based upon a bona fide occupational qualification. Independent Beauty Supply Co., Inc. does not knowingly accept advertising in violation of these laws. When you suspect employment discrimination, call the NYC Commission on Human Rights Hotline at 212-306-7500, or the Hudson County Commission on Human Rights at 123-456-7890.

Terms of Sale

  1. We accept Cash, Business Checks, Master Card, Discover, and American Express.
  2. Professional salon products are sold to licensed cosmetologists within designated territories only.
  3. No purchase of professional-salon products will be processed until a current copy of your cosmetology license has been filed with, and verified by, our sales department. You may provide a copy of your license to one of our sales consultants in person or you can mail, fax, or e-mail a copy to our office.
  4. Professional products are sold only to the final user and not for resale by individuals, cosmetologists, or salons.
  5. To purchase professional retail products for home use please refer to our Select Salon referral service for the name and location of salons near you or e-mail your request to selectsalon@independendentbeauty.com.
  6. Retail items are non-taxable only if a copy of your current tax exempt or Resale certificate is on file with our office or is submitted to our consultant or mailed, faxed, or e-mailed to our office prior to delivery.
  7. Our salon consultants service the entire N.Y., N.J. metropolitan area on a weekly basis. There is a minimum purchase of $25.oo and a $5.00 delivery fee for any orders delivered by our salon consultants.
  8. UPS delivery is also available to the entire N.Y., N.J. metropolitan area on a next day basis Tuesday through Friday. There is no minimum purchase required for UPS orders and you are only charged the shipping and V.O.D. fees assigned by UPS. Nothing More.
  9. Orders shipped via UPS and paid in advance by and major credit card are not charged UPS COD fees.
  10. Orders received before 2:00 P.M. EST are processed and shipped the same day.
  11. Please refer to our UPS ground map to determine approximate shipping time for the continental U.S.
  12. Our shipping to the Caribbean is processed via U.S. postal service, Continental Airlines, American Airlines, or Bermuda Ocean shipping depending on the destination and government restrictions.

Associated Press Copyright Notice

Associated Press news material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AP news material may not be stored in whole or in part in a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions in any AP news material or in the transmission or delivery of all or any part thereof or for any damages whatsoever.

 

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