Mented Cosmetics TERMS OF USE
By using our web site, you agree to these Terms of Use. We may change or update these terms so please check this page regularly.
COPYRIGHT
All content of our web site (including text, graphics, logos, button icons, images, and software) is the property of Mented Cosmetics, Inc or our suppliers and is protected by United States and international copyright laws. You may electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with mentedcosmetics.com. Any other use of our web site, including reproduction and internet links, is strictly prohibited without our prior written permission.
TRADEMARKS
The trademarks, logos, service marks and trade names of Mented Cosmetics, Inc and our affiliates may not be used without our written permission.
ERRORS AND INACCURACIES
We do not represent or warrant that the information on our web site is accurate, complete, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.
DISCLAIMER OF LIABILITY
We make no representations or warranties, express or implied, with respect to this web site. Its content, and the information and services available on or through it, are provided "as is." Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of this web site.
APPLICABLE LAW
By visiting our web site, you agree that the laws of the State of New York will govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law.
LINKS TO OTHER SITES
Mentedcosmetics.com may contain links to web sites operated by other third parties. Mented Cosmetics, Inc does not endorse or assume any responsibility for these web sites. We have no control over, or responsibility for, their content, information or activities.
NO CONFIDENTIALITY
Except for information necessary to place an order, any comments or other submissions sent to us will be deemed non-confidential, and shall be the property of Mented Cosmetics, Inc, including worldwide rights in all intellectual properties.
PRIVACY POLICY
At Mented Cosmetics, Inc. , we are committed to providing you the finest products along with excellent service. In order to accomplish this, we gather, use and share certain personal information. Our online privacy policy describes what we gather, with whom we share it, and how you may direct us not to share certain information with certain parties. Because the security of your personal information is very important to us, we restrict access to your nonpublic personal information to those employees who need to know that information to provide products or services to you. We also maintain physical, electronic and procedural safeguards that comply with federal regulations to protect your nonpublic personal information.
INFORMATION COLLECTION
Whenever you shop with Mented Cosmetics, Inc (in stores, online, on our mobile applications or by phone) we obtain from you the information we need to complete your transaction. This may include your name, address, telephone number, e-mail address, and credit card or gift card number. We also retain details of your specific product purchases and transactions with us. If you register with us online, we may ask for additional information, such as your birthday, gender, or product preferences. If you interact with our mobile site or mobile applications, we may retain further details including device information, as well as push notification and location services you request.
To improve your shopping experience, we may collect non-personal information about how users navigate throughthe site. We, and potentially our carefully selected third parties, may use cookies to collect information about how you browse and interact with our web site. A cookie is a small data file stored by your web browser on your computer or mobile device (hard drive). We may collect information such as your browser type, operating system, and general location information. Collecting this information through the use of cookies also helps us to prevent fraud.
USE AND DISCLOSURE OF INFORMATION
We use the information we collect to process your purchase transactions, to send you marketing and promotional materials by mail or e-mail, and to help us improve our store and online product assortments and services for you.
We may provide information we collect to third party service providers that help us bring you our products and services, for example, a company that distributes our catalogs.
We may provide information we collect to carefully selected third parties when we believe their products or services may be of interest to you.
ARBITRATION
By using this Site, you agree that Mented Cosmetics, Inc. at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. MENTED COSMETICS, INC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MENTED COSMETICS, INC DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH MENTED COSMETICS, INC ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MENTED COSMETICS, INC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. MENTED COSMETICS, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF MENTED COSMETICS, INC'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MENTED COSMETICS, INC, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
