Welcome to the Mastey de Paris, Inc. (“Mastey”) website (the "Site"). While we strive to provide superior performing salon products at a reasonable price, exemplary customer service, and otherwise run an honest business with our affiliates and customers, our lawyers have advised us to publish this page on our Site. So, please read these Terms & Conditions before agreeing to use our Site. These terms and conditions apply to consumers and salon clients. Our stylist, salon, DSC and distributor affiliates terms and conditions differ subtantially and are available to you when you become an affiliate and log-in through our professionals portal.
Mastey.com is a unique business model designed to empower small business owners and hair and skin professionals. Purchases made on this site are apportioned among our affiliated salons & stylists, salon clients, educators, salon consultants and family owned distributors. In order to protect these business partners, we enforce the following terms and conditions on our Site. If you would like to become involved in our grassroots network, please visit www.mastey.com/dna
Mastey provides the content and services available on the Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy. These Terms and Conditions were last updated on 05/14/2005.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
2. Purchase Related Policies
Your satisfaction is guaranteed and product purchases are refundable or exchangeable if returned within 30 days of purchase.
If a shipment is damaged in transit, please notify the carrier within 24 hours of receipt. If by UPS, call 1-800-PICK-UPS (742-5877). If by Federal Express, call 1.800.Go.FedEx(1.800.463.3339). If by the United States Postal Service, call 1-800-ASK-USPS® or (800) 275-8777. Then please call us at 1-800-6-MASTEY (1-800-662-7839) or 661-257-4814. We aim to please, and will be happy to reship any damaged goods as soon as possible.
The products and services available on the Site, and any samples thereof we may provide to you, are delivered to you for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us unless you are a cosmetologist in good standing with your state or national cosmetology board and in accordance with our Professional Sales Terms & Conditions and registered as a member of the Mastey.com/dna network. In addition, items marked “for professional use only” are available for purchase and use only by licensed cosmetologists. We reserve the right at any time to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions and Diversion Policy, exceed credit limits, be misused, or otherwise be detrimental to the Mastey and its brand image.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we are human and we sometimes make mistakes, as such we do not warrant that the product descriptions, colors, prices or other content available on the Site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Mastey and/or Reshare Corporation (“Reshare”) , our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Mastey and/or Reshare, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5. Limited Licenses
Notwithstanding our use of words such as “Partner”, “Affiliate”, or “Consultant” to describe our business relationships, in no case shall any term be construed to convey or grant equity, shares, options or ownership rights of any kind in Mastey or its licenses, trademarks, patents, formulas and other properties. Mastey does not grant or offer you any right to a continuing relationship in either purchasing, selling, reselling, generating earnings or otherwise using or profiting from Mastey and/or its products and services. We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing any other website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Mastey and/or Reshare, our affiliates, partners or licensors.
7. Your Account
You may choose to register at our Site. If you do, your email address will be your username to log into your account. You will also choose a password to protect your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Mastey's interests to do so.
8. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site, including, without limitation, Reshare.com. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
9. Submissions
We welcome suggestions and ideas. Our unique communal network relies on good ideas and good communication. Notwithstanding our policy with regard to suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, in perpetuity and throughout the universe (gotta love that!). You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products with our without prior notice.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
10. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of Reshare, our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us at Legal@Mastey.com.
Copyright © 2005 Reshare Corporation. All worldwide rights reserved.
