Revised Terms of Use for Mizglam:
These Terms of Use were last updated on May 4, 2023.
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS OF USE AND CONDITIONS AND AGREEMENTS CONTAINED HEREIN. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES. SEE DETAILS BELOW.
Please read these terms of use (referred to as "Terms of Use") carefully. Also, make sure to read our Privacy Policy. If you are a resident of California, please click here to read Your California Privacy Rights. For Canadian residents, click here to read our Canadian Privacy Policy. Together, these are referred to as our "Privacy Policies".
Mizglam Beauty Supply LLC ("Mizglam") has established these Terms of Use for the www.Mizglam.com website ("Site"). By using this Site, you agree to be bound by these Terms of Use, including our Privacy Policies. Any unauthorized use of this Site or its content is prohibited.
If you do not agree with any of these Terms of Use, please do not use this Site.
It is your responsibility to regularly review the Terms of Use. Mizglam may revise any terms on this Site at any time without notice. Updated versions of the Terms of Use will appear on this Site and are effective immediately. By using this Site, you are agreeing to be bound by the then current version of these Terms of Use.
Users of this Site (referred to as "you") shall not access or use this Site from territories where its contents or use are illegal, restricted, or prohibited by law. Mizglam is not responsible for your access or use from such a territory. By accessing this Site, you not only agree to be bound by these Terms of Use, but you also agree to be bound by all applicable laws and regulations (including export and re-export control laws), and you agree that you are solely responsible for compliance with any applicable local laws.
All sales of products by Mizglam are limited to personal or professional salon use and may not, without the express prior written approval of Mizglam, be made in conjunction with any resale or other commercial use. We reserve the right to limit quantities to normal retail purchases. Mizglam reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any user for any reason, including limitations on quantities to purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. Mizglam also reserves the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address or shipping address. Mizglam also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling means the purchase or intent to purchase any item for the purpose of engaging in a sale of that same item with a third party.
Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
You have permission to temporarily download one copy of the materials on this Site for transitory viewing only. Except as provided in the preceding sentence, you are not allowed to use this Site for any commercial purpose. This is the grant of a limited, revocable license, not a transfer of title, and under this license, you may not: (1) modify or copy the materials; use the materials for any commercial purpose, except as provided above, or for any public display (commercial or non-commercial); (2) attempt to decompile or reverse engineer any software contained on this Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Mizglam at any time, in its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
You may not use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any "robot," "spider," or other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Site, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export the Site or any portion thereof, the content, or any software available on or through this Site in violation of the export control laws and regulations of the United States of America. Because of the possibility of human and mechanical error as well as other factors, Mizglam is not responsible for any errors in or omissions from the information contained in or accessed through this Site. Mizglam shall not be liable for any damages or injury resulting from users’ access to or inability to access this Site or from reliance on any information on this Site.
Mizglam does not represent or warrant that this Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Mizglam does not warrant or represent that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable. Mizglam may make improvements and/or changes to its features, functionality, or content at any time. ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND.
MIZGLAM AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. MIZGLAM AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ALL RESPONSIBILITY
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIZGLAM AND ITS AFFILIATES OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THIS SITE ("MIZGLAM PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, LOST PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, OR ANY WEBSITES LINKED FROM THIS SITE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MIZGLAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE MIZGLAM PARTIES ARE LIABLE TO YOU EXCEED $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. THE LAWS OF SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS.
This Site may provide links or references to other websites. Mizglam may or may not have a business or other relationship with the owners or operators of these sites, or the sites themselves. Mizglam provides these links or references as a convenience only. Mizglam is not responsible for the privacy practices or the content of linked or referenced sites. Furthermore, your linking to another site is entirely at your own risk. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Mizglam or its parents, subsidiaries, and affiliates.
Unless otherwise provided for in these documents, any information, data, material, or other information which you provide, transmit, or post to this Site or to Mizglam ("Submitted Information") will be considered to be non-confidential and non-proprietary unless expressly agreed in a separate writing signed by an officer of Mizglam. If Mizglam receives information via this Site, the Internet, fax, or mail, Mizglam will treat it as if it were an authorized transmission subject to the foregoing, and except as otherwise stated in our Privacy Policy, Mizglam reserves the right to use and reproduce such information for any purpose whatsoever.
Except as expressly stated in our Privacy Policies, Mizglam will have no obligations with respect to the Submitted Information. You may not transmit or post anything to this Site that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.
Certain sections of this Site may require you to register. If registration is requested, you agree to provide Mizglam with accurate, complete registration information. It is your responsibility to inform Mizglam of any changes to that information by accessing the registration portion of this Site. Unless otherwise indicated, each registration is for a single user only. Mizglam does not encourage any other person to use the registered sections under your name, and you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Mizglam immediately. Notwithstanding this provision, Mizglam makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration. In addition to all other rights available to Mizglam, Mizglam reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Except as expressly stated in our Privacy Policies, by uploading content to, or submitting any materials for use on this Site, including Submitted Information, you grant (or warrant that the owner of such rights has expressly granted) Mizglam a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, for the full term of any copyright that
may exist in such content and all copyright extensions. You also permit others to access, view, store, or reproduce the content for their personal use. Subject to this grant, the owner of content placed on this Site retains any and all rights that may exist in such content.
Except as expressly stated in our Privacy Policies, you are solely liable for any Submitted Information. You agree to indemnify, defend, and hold harmless Mizglam from any claim, action, demand, loss, or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use, your use of this Site, the Submitted Information, or your violation of any rights of a third party.
Mizglam may invite you to participate in online surveys or give us personal information. Unless otherwise stated, participation is voluntary. See our Privacy Policies for additional information regarding our information collection and disclosure practices. From time to time, Mizglam may provide coupons or run sweepstakes, drawings, or other promotions on this Site. These promotions are subject to additional terms and conditions that will be made available at the time of such provision or competitions. Web coupons are limited to one coupon per person, per visit, except for occasional 'no purchase required’ coupons, which are limited to one free item per household, per offer. Any attempt to redeem more than one coupon per offer constitutes fraud. Web coupons are void where prohibited by law.
Unless otherwise agreed in a separate writing signed by a Mizglam designated representative, linking to the Site is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this Site on another website, provided that (1) the link must be a text-only link clearly marked "Mizglam Home Page," and pointing to this Site’s home page; any links pointing to subsections of this Site are strictly prohibited; (2) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Mizglam’s name and trademarks or this Site, (3) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Mizglam, (4) the link, when activated by a user, must display this Site full-screen and not within a "frame" or similar technology on the linked site, and you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, and (5) Mizglam reserves the right to revoke its consent to the link at any time in its sole discretion.
If you link to this Site, you must give Mizglam prior notice of such a link by providing notice at the mailing address indicated below, and you must agree to discontinue providing links to this Site if requested by Mizglam. If you wish to provide links to a section within the Site, you should forward your request to Mizglam at the email address set forth above. Notwithstanding this, you may not provide links to a section within this Site without the prior express written permission signed by an officer of Mizglam.
Mizglam produces this Site. The content of this Site is protected under applicable copyright and trademark laws, including without limitation United States federal laws.
The trademarks, service marks, logos, and graphics (the "Trademarks") appearing on this Site are, unless otherwise identified, sometimes registered and sometimes unregistered trademarks of Mizglam, or one of Mizglam’s related entities, or a third party with whom Mizglam may or may not have a business or other relationship. Product names used on this Site are for identification purposes only and may likewise be the trademarks of their respective companies. No license or right is granted by implication, estoppel, or any other means to use any Trademark appearing on this Site. Any use of the Trademarks or linking to this Site must follow the terms set out in these Terms of Use. Mizglam and its related entities vigilantly enforce their intellectual property rights and will actively seek the recovery of any costs and damages incurred in preventing the misuse or misappropriation of their property.
Notwithstanding anything in these Terms of Use, the Trademarks may not be modified. Any rights not expressly granted herein are reserved. Any use of the Trademarks is strictly prohibited without prior written consent from Mizglam and/or the owner or licensee of the Trademarks.
Mizglam claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain www.mizglam.com, including but not limited to all design, text, and images are owned, except as otherwise expressly stated, by Mizglam and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Mizglam’s prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
DMCA POLICY
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Mizglam will promptly respond to claims of copyright infringement committed using this Site if such claims are reported to our Designated Copyright Agent identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
A DMCA request can be sent to us via the contact information below:
Mizglam Beauty Supply LLC
Attn: General Counsel
Yaoundé, Center, Cameroon
Your Notice must be in the form of a written communication that includes the following information:
1. Your name, address, telephone number, e-mail address, title, or other contact information;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing the copyrighted work;
4. A clear description of where the infringing material is located on the Site so that Mizglam can locate the material;
5. A statement 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 authorized to act on the copyright owner’s behalf; and
7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
RESOLUTION OF DISPUTES
In the event you have a dispute arising out of, or relating to,
this Site (a "Dispute"), we encourage you to contact our Customer Service department (customerservice@mizglam.com) to resolve the dispute informally. If Mizglam is unable to resolve the Dispute informally, the parties agree to resolve any Dispute by final and binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") in the city of Atlanta, Georgia, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary any provision of these Terms of Use, award punitive damages, or certify a class or otherwise preside over any form of a class or representative proceeding. The prevailing party shall be entitled to recover its costs, reasonable attorneys’ fees, and other expenses incurred in connection with the Dispute, including those incurred in connection with any internal arbitration appeal. The parties hereto expressly acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and construed under the Federal Arbitration Act. The parties hereto expressly acknowledge and agree that any arbitration or legal proceeding instituted under these Terms of Use related to the Site or any transaction conducted on or from this Site shall be brought, if at all, only in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of such courts. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Mizglam products) must be commenced within one (1) year after the claim or cause of action arises. Mizglam’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Mizglam may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
Mizglam reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms of Use, including by providing false or misleading information or by any other means deemed unacceptable by Mizglam. Any unauthorized use of the Site terminates the permission or license granted by Mizglam.
Mizglam’s remedies under these Terms of Use shall be cumulative and not alternative, and Mizglam’s election of any one or more remedies shall not be construed as a waiver of Mizglam’s right to pursue any other remedy or remedies available to it at law or in equity. Except as otherwise expressly provided in these Terms of Use, any communications or material you transmit to this Site or to Mizglam by electronic mail or otherwise, including any questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.
Mizglam may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Furthermore, Mizglam is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or Mizglam for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
If any provision of these Terms of Use is held invalid or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the rest of these Terms of Use shall remain in effect. These Terms of Use are the entire agreement between you and Mizglam with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Mizglam with respect to the Site. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Class Action Waiver. Any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis. Neither you nor Mizglam will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Binding Arbitration. Any dispute, controversy, or claim arising out of or related to these Terms of Use, or the breach, termination, enforcement, interpretation, or validity thereof, shall be finally settled by arbitration to be held in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") in the city of Atlanta, Georgia, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary any provision of these Terms of Use, award punitive damages, or certify a class or otherwise preside over any form of a class or representative proceeding. The prevailing party shall be entitled to recover its costs, reasonable attorneys’ fees, and other expenses incurred in connection with the Dispute, including those incurred in connection with any internal arbitration appeal. The parties hereto expressly acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and construed under the Federal Arbitration Act. The parties hereto expressly acknowledge and agree that any arbitration or legal proceeding instituted under these Terms of Use related to the Site or any transaction conducted on or from this Site shall be brought, if at all, only in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of such courts. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
Copyright © 2023 Mizglam Beauty Supply LLC. All Rights Reserved.