Tricia Sawyer Beauty

Terms and Conditions

Welcome to the Tricia Sawyer Beauty, Inc. websites: www.triciasawyer.com, www.triciasaswyer.tv
(the "Sites").

Tricia Sawyer Beauty, Inc. provides the content and services available on the Sites to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Sites, 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 08/08/2006.

1. Privacy
Please review our Privacy Policy, which also governs your visit to the Sites, so that you may understand our privacy practices.

2. Accuracy of Information
We attempt to be as accurate as possible when describing our products or providing tips and or tutorials on the Sites; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Sites are accurate, complete, reliable, current, or error-free. Prices and availability information and special offers and promotions are subject to change without notice.

3. Intellectual Property
All content available on the Sites, 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 Tricia Sawyer Beauty, our affiliates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Sites (collectively, the "Trademarks") are the registered and unregistered marks of Tricia Sawyer Beauty, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Images of people or places displayed on the Sites are either the property of, or used with permission by, Tricia Sawyer Beauty. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as set forth in the limited licenses in Section 4 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Sites 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. Tricia Sawyer Beauty neither warrants nor represents that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with Tricia Sawyer Beauty.

4. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Sites. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Sites or any portion thereof; (ii) modify or download the Sites or Content (except when caching or as necessary to view the Sites on your system); (iii) make any use of the Sites or Content other than personal use; (iv) create any derivative work based upon either the Sites or Content; (v) collect account information for the benefit of yourself or any other party; (vi) use any meta tags or any other "hidden” tags or text utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use any software robots (bots), spiders, crawlers, or similar data gathering and/or extraction tools, or take any other action that may impose an unreasonable burden or load on our computer infrastructure. Tricia Sawyer Beauty also grant you a limited, revocable, and nonexclusive license to create a link to the home page of the Sites for personal book marking, non-commercial use only. A webSite that links to the Sites (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (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 Sites other than the home (main opening) page unless otherwise agreed to by Tricia Sawyer Beauty, Inc. We may, in our sole discretion, request that you remove any link to the Sites, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Sites terminates the limited licenses set forth in this Section 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions. You are also advised that Tricia Sawyer Beauty will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against any infringer.

4a. Creative Commons License for our Video Tutorials
All of our video tutorials at http://www.triciasawyer.tv are released under a Creative Commons License. This license is Attribution-NonCommercial-NoDerivs 2.5. This license allows you to copy, distribute, display, and perform the work under the following conditions: You must give the original author credit. You may not use this work for commercial purposes. You may not alter, transform, or build upon this work. For any reuse or distribution, you must make clear to others the licence terms of this work. Any of these conditions can be waived if you get permission from Tricia Sawyer Beauty, Inc.
More information about this license can be found at: Creative Commons.

5. Your Obligations and Responsibilities
In the access or use of the Sites, you shall comply with these Terms and Conditions and the special warnings or instructions for access and use posted on the Sites. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Sites or any Content or services that may appear on these Sites and may not impair in any way the integrity or operation of the Sites. 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 Tricia Sawyer Beauty, our affiliates, partners or licensors.

6. Representations and Warranties; Limitation of Liability
Your use of and browsing in the Sites are at your risk. Neither Tricia Sawyer Beauty nor any other party involved in creating, producing, or delivering the Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Sites. Without limiting the foregoing,THESE SITES ARE 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 SITES, 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 SITES; (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 SITES; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITES, 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 SITES 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).

7. 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 Sites. 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 and or computer systems.

8. Disputes
With respect to any dispute regarding the Sites, 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 Sites 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 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.

9. Third Party Links
Tricia Sawyer Beauty has not reviewed all of the sites linked to the Sites and is not responsible for the content of any off-site pages or any other sites linked to or from the Sites. Links appearing on the Sites 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-site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-site pages or any other sites linked to or from the Sites, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other sites that you visit.

10. Your Account
You may choose to register at our Sites. If you do, you will have an email address/username and password for 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 Tricia Sawyer Beauty’s best interests to do so.

11. Submissions and Forums
Although Tricia Sawyer Beauty may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, Tricia Sawyer Beauty is under no obligation to do so and assumes no responsibility for or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tricia Sawyer Beauty will fully cooperate with any law enforcement authorities or court order requesting or directing Tricia Sawyer Beauty to disclose the identity of anyone posting any such information or materials. Tricia Sawyer Beauty and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any Content posted on the Tricia Sawyer Beauty Bulletin Boards / Discussion Forums. Without limiting the foregoing, Tricia Sawyer Beauty and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. Any communication or material transmitted by you to the Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited 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 sub-licensable 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. 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. 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.

12. Purchase Related Policies
The products and services available on the Sites, and any samples thereof we may provide to you, are 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. We reserve the right, with or without notice, 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.

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 Sites, 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 Sites. Any changes are effective immediately upon posting to the Sites. Your continued use of the Sites 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 Sites. 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.