Disclaimer

TERMS OF USE AND PRIVACY POLICY

 1.         ACCEPTANCE OF THE TERMS OF USE. Welcome to adrienemarie.com (“Website”). By using this Website, you affirm your agreement to abide by the terms, conditions, notices, disclaimers, and other provisions, found herein and throughout the Website, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms of Use”).  You accept that this is a legally binding electronic contract and you agree to periodically check for, and be bound by, any future modifications to the Terms of Use. The Terms of Use constitute a binding contract between you (“User”, “you”, “your”), and Adriene Marie blog, its representatives, designees, licensees, and assigns (“we”, “us”, or “our”), regarding your use of the Website. If you do not agree with the Terms of Use, you may not access the Website or use any of its information, and you must immediately exit.

2.         REGISTRATION AND USE INFORMATION.

a.         Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. If we issue you a username and/or password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

b.         Your Interactions with Other Website Users. You are solely responsible for your interactions with other users that you may meet on the Website and you assume all risks associated with online and off-line interactions with others. You understand that we do not in any way screen users, and we do not inquire into the backgrounds of any user or attempt to verify their statements. We make no representations or warranties as to the conduct of any users. In no event shall we be held liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or related to the conduct of you or anyone else in connection with the use of the Website.

3.         WEBSITE INTELLECTUAL PROPERTY.

a.         Our Content. This Website contains a combination of our proprietary information, our intellectual property, and user content contributions. We reserve all rights in our proprietary information and our intellectual property, including but not limited to all stories, poetry, screenplays, or other creative writing; recipes, informative tips, descriptions, text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) that is owned or controlled by us. You may not reproduce, distribute, display, modify, publish, transmit, perform, sell or otherwise use the Content without our prior written permission.

b.         Other Users Content. Opinions, advice, statements, offers, or other information or content contributed by users to the Website are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user.

c.         Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work that you claim is being infringed; (3) Identification of the material that is claimed to be infringing and where it is located on the Website; (4) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (6) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to us by email, attention: DMCA Agent.

4.         USER POSTINGS AND INTERACTIVE AREAS

a.         Granted Rights. Our posting and interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share information. By you posting information or content to the Website, you automatically grant to us and our users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us additional rights in connection with such features or programs. You represent and warrant that you have the right to grant the foregoing rights.

b.         No Obligation To Monitor. We do not have the ability to monitor all of the material posted or transmitted by users and third party information providers. You are solely responsible for, and assume all liability regarding, (i) the information and content that you contribute to the Website; (ii) the information and content you post, transmit, publish, or otherwise make available on the Website; and (iii) your interactions with other Website users. To protect your safety, we advise you to use your best judgment when using these forums. We particularly discourage divulging financial information, personal phone numbers and addresses or other information that can be used to identify or locate you. Blogs, interactive areas and other postings are intended to encourage discussion about our line of products and services, issues related to the hair and body care industry, and other related topics. You understand that you are participating in a community that is intended for all our users. Therefore, we reserve the right to delete, move or edit any content posted on the Website at any time for any reason, but we have no obligation to review or remove any such content. Decisions as to whether content violates the law or the spirit of the Website will be made by us in our discretion after we have actual notice of such posting.

c.         Discretion To Remove User Content. If at any time we choose to monitor the Website, and we discover inappropriate user content, as determined in our sole discretion, we have the right, but not the obligation, to edit, refuse to post, or remove such.

5.         REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us: (a) that you have the full power and authority to enter into and perform under these Terms of Use, (b) your use of our Website will not infringe on the intellectual property rights, right of publicity or any other legal right of any third party, including your submissions, postings, and other contributions to the Website, and (c) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms of Use, including, without limitation, contacting other users of the Website.

6.         DISCLAIMER AND LIMITATIONS ON DAMAGES. 

 a.         Disclaimers.  WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEBSITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, INTEGRITY, QUALITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, WHETHER PROVIDED BY US, A USER, OR ANOTHER THIRD PARTY. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. WE MAKE NO WARRANTY THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

b.         Limitations on Damages.  IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE THAT YOU MAY HAVE PAID TO US FOR ACCESS TO THE WEB SITE, AND IN NO EVENT SHALL THAT AMOUNT BE GREATER THAN ANY ACTUAL DAMAGE INCURRED.

7.         INDEMNITY.  You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.

8.         MISCELLANEOUS PROVISIONS.

 a.         Violation of Terms.  You agree that if you violate the Terms of Use, as determined in our sole discretion, that your subscription may be cancelled, or you may be blocked from accessing the Website, and we shall have no further obligation to you.

b.         Access Fees.  You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet service provider.

c.         No Access Where Prohibited By Law.  This Website may not be used where prohibited by law. The content in this Website is not intended to violate any obscenity laws, specifically it is not intended for the average person, applying contemporary community standards to find it appealing to a prurient interest, it is not intended to be patently offensive as defined in your jurisdiction, and it is not intended to lack serious literary, artistic, political, or scientific value.  

 d.         Foreign Access.  This Website is controlled, operated and administered by us from our offices within the United States. We make no representation that the content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Website or export any content in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you assume sole responsibility for compliance with all local laws.

e.         Reservation of Rights.  We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.

f.          Advertisements.  You understand that our Website may include advertisements.

g.         Confidentiality. You understand that certain information that you are exposed to or otherwise learn from accessing the Website shall be deemed confidential, unless it is public knowledge, and you agree to hold such information in confidence in perpetuity.

h.         Communication With Us. All communications with us should be e-mailed to: customerservice@mariedeanonline.com. We will use our best effort to read and respond to your e-mail in a reasonable time. You shall not harass, annoy, intimidate or threaten us, or any of our employees, agents or associates, whatsoever.

i.          Prohibited Activities. Unauthorized access to the Website is a breach of these Terms of Use and a violation of the law. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Website, not to insert any code or product or manipulate the any content in any way that affects the user’s experience, and not to use any data mining, robots, scripts, spiders, trojan horse, or any data gathering or extraction method in connection with your use of this Website.

j.          User Disputes. You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

9.         SHIPPING AND RETURN POLICY.

In the event that you order product from Marie Dean Hair & Body Care, LLC, the following shipping policy shall apply:

a.         Service. We typically use Federal Express Home Delivery and Ground (“FedEx”) as our primary carrier to ship our packages as we have found it to be very reliable, easily trackable, and cost effective.  We only use United States Postal Service (“USPS”) for POBs, Military Addresses, Alaska, Hawaii, Puerto Rico and International shipments.

PLEASE NOTE:

FedEx delivers on Saturday.

All shipments through FedEx and USPS come with a tracking number.  We will provide you with a tracking number through email as soon as the package is scanned by FedEx or USPS.

b.         Lost/Damaged/Stolen FedEx and USPS Packages. Our shipping method does not require direct signature at the time of delivery. FedEx or USPS may ring your doorbell, but this is not guaranteed. If you are not at home at the time of delivery the courier may leave your package at your doorstep or another location near your residence by the delivery driver unless you specifically tell them otherwise. We do not have any control over the delivery process so it is your responsibility after we receive confirmation that the package has been delivered to your specified location! We will not be responsible for lost, damaged or stolen packages after they have been delivered.  Again it is the buyer’s responsibility to ensure that the recipient will be home on the day of delivery to accept the package. No refund will be issued and no order will be reshipped if FedEx or USPS confirms that your package has been delivered. If you know that you will not be home at the time of a delivery to accept the package, or your residence is not safe to leave a package at, you can email us at customerservice@mariedeanonline.com to request one of the following shipping options:

  • Hold your package at a nearby FedEx or USPS location (FREE).

If you fail to claim your package from FedEx or USPS, it will be returned to Marie Dean Hair & Body Care, LLC, marked as “unclaimed,” and we will not reship your package for free.  You will be responsible to pay for the actual shipping cost to have the package shipped out for a second time.  If you request a refund, we will deduct the actual shipping cost from the refund.

b.         Returns and Refunds. Due to the natural aspect of our handcrafted products, we do not accept returns, issue refunds, or credits for any reason, including but not limited to, variations in color, texture and scent of our product.

c.         Contests or Sweepstakes. For the avoidance of doubt, this section also applies to any contests or sweeptakes (givaways).

10.       GENERAL LEGAL PROVISIONS.

a.         Arbitration. We may elect to resolve any controversy or claim arising out of, or relating to, these Terms of Use by mediation or binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California at a location determined by us, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect our rights or property (or of our agents, suppliers, and subcontractors), pending the completion of arbitration.

 b.         Severability.  In case any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

 c.         Notice.  We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

d.         Waiver.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

e.         Website Purpose. This Website is for entertainment purposes only. None of the advice, opinions, or other information contained on the Website shall constitute legal, medical, business, or any other professional advice whatsoever.

f.          Entire Agreement.  These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements that you may have with us. These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before a mediator or an arbitration panel, and before a Court of competent jurisdiction in Los Angeles County, California if we are required to seek enforcement of an arbitration award.

PRIVACY POLICY STATEMENT

We must collect certain personal information to set up a user account, but please know that we take your privacy seriously. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Website that you were viewing when you clicked through to this policy, which we directly operate.

What Information Do We Collect?

There is very little Information needed from you to set up an account with us (i.e., email, username, password). We may ask for additional Information from time to time but that will be voluntary.

What is Our Practice Regarding Cookies?

Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to our Website. You do not need to have cookies turned on to visit our Website. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information, in which case we use the information to enhance your services (i.e., keep count of return visits, save your password so you do not have to re-enter it each time you visit our site).  By adjusting your settings on your browser, you may elect not to allow cookies to be collected.

 Other Information Collectors.

Except as otherwise expressly described in this Privacy Statement, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website (including links to third party sites) or on other sites throughout the Internet, such as Facebook, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers or have third party e-commerce partners, they adhere to their own privacy policies. Since we do not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.

Questions, Comments

Questions regarding this privacy statement or any other aspects of the Website should be sent to: adriene@adrienemarie.com

 

 

 

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