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Terms of Use

Effective Date: May 1, 2010

Welcome to the John Paul Mitchell Systems website®. John Paul Mitchell Systems provides the content and services available on this website under the following Terms and Conditions. By using this website, you are acknowledging that you have read, understood and agreed to be bound by these Terms and Conditions (Terms of Use), our Privacy Policy and by all applicable laws and regulations, including export and re-export control laws, and you agree that you and you alone are responsible for compliance with any applicable local laws. Any unauthorized use of the website or its content is prohibited. These Terms of Use were last updated on May 1, 2010.

1. PRIVACY.
Please review our Privacy Policy so that you may understand our privacy practices.

2. PURCHASE RELATED POLICIES.
Any product, service or sample that we may provide you is for your personal use only. You may not sell or resell any of the products, services or samples you receive from us. We reserve the right to cancel, reduce or modify any orders placed with us at our sole discretion.

3. ACCURACY OF INFORMATION.
We try to be as accurate as possible in describing the products and services on this website. However, we do not warrant that the product and service descriptions are error free.

4. INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS.
The trademarks, logos and service marks (collectively the “Trademarks”) are registered and unregistered marks owned by John Paul Mitchell Systems and are protected by the laws of the United States and other countries.

All of the content of this website is the property of John Paul Mitchell Systems and is protected by the copyright laws of the United States and other countries. Except as expressly provided in Section 5, nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under trademark, copyright or other intellectual property rights.

5. LIMITED LICENSE.
You have permission to temporarily download one copy of the materials on the website for transitory viewing only. Except as provided in the preceding sentence, you are not allowed to use the 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 noncommercial); (2) attempt to decompile or reverse engineer any software contained on the website; (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 John Paul Mitchell Systems 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 form. 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,” other automatic device, or manual process to monitor or copy our webpages 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 the website, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the export control laws and regulations of the United States of America.

6. WARRANTY AND DISCLAIMERS.
Because of the possibility of human and mechanical error as well as other factors, John Paul Mitchell Systems is not responsible for any errors in or omissions from the information contained in or accessed through this website. John Paul Mitchell Systems shall not be liable for any damages or injury resulting from users’ access to or inability to access this website or from reliance on any information at this website. John Paul Mitchell Systems does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. John Paul Mitchell Systems does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable. John Paul Mitchell Systems may make improvements and/or changes to its features, functionality or content at any time.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.

7. LINKS TO OTHER SITES.
This website may provide links or references on the website to other websites. John Paul Mitchell Systems may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. John Paul Mitchell Systems provides these links or references as a convenience only. John Paul Mitchell Systems is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this website, or to a specific product, process, location or service, does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between John Paul Mitchell Systems and anything found at any such linked site, including, but not limited to, any organization, product, process, service or other information. 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 John Paul Mitchell Systems.

As with the website itself, in no event shall John Paul Mitchell Systems, its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the website, even if informed of the possibility of such damages.

8. INFORMATION SUBMITTED.
John Paul Mitchell Systems intends to leave each visitor to the website with the decision of whether or not to forward personal or other information to John Paul Mitchell Systems, subject to these Terms of Use and our Privacy Policy. Unless expressly agreed in a separate writing signed by an officer of John Paul Mitchell Systems, any information, data, material or other information you provide, transmit or post to this website or to John Paul Mitchell Systems (“Submitted Information”) will be considered non-confidential and non-proprietary. If John Paul Mitchell Systems receives information via this website, the Internet, fax or mail, John Paul Mitchell Systems will treat it as if it were an authorized transmission, and except as otherwise stated in our Privacy Policy, John Paul Mitchell Systems reserves the right to use and reproduce such information for any purpose whatsoever.

Except as expressly stated in our Privacy Policy, John Paul Mitchell Systems will have no obligations with respect to the Submitted Information. You may not transmit or post anything to this website that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.

9. REGISTRATION.
Certain sections of this we site may require you to register. If registration is requested, you agree to provide John Paul Mitchell Systems with accurate, complete registration information. It is your responsibility to inform John Paul Mitchell Systems of any changes to that information by accessing the registration portion of the website. Unless otherwise indicated, each registration is for a single user only. While John Paul Mitchell Systems does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify John Paul Mitchell Systems immediately by emailing news@paulmitchell.com. Notwithstanding this provision, John Paul Mitchell Systems makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration.

Except as expressly stated in our Privacy Policy, you are solely liable for any submitted information. You agree to indemnify, defend and hold harmless John Paul Mitchell Systems 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 the website, the submitted information, or your violation of any rights of a third party.

10. PARTICIPATION IN WEB SITE.
John Paul Mitchell Systems may invite you to participate in online surveys or to give us personal information. Unless otherwise stated, participation is voluntary. See our privacy policy for additional information regarding our information collection and disclosure practices. From time to time, John Paul Mitchell Systems may provide coupons, or run sweepstakes, drawings or other promotions on the website. These promotions are subject to additional terms and conditions that will be made available at the time of such provision or competition. 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 unless otherwise agreed in a separate writing signed by a John Paul Mitchell Systems designated representative. Linking to the website is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this website on another website with the written permission of John Paul Mitchell Systems only.

11. JURISDICTION.
The terms of this website and any claims relating to this website shall, except as required under applicable United States federal law, be governed by the laws of the State of California, without regard to its conflict of law provisions. Any action arising out of or relating to these Terms of Use shall be filed only in state or federal courts located in or sitting over Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

12. ENTIRE AGREEMENT.
These Terms of Use incorporate by reference any notices contained on the website itself, including the Privacy Policy, (but not on sites to which this website may link), and constitute the entire agreement with respect to access to and use of the website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions, and shall not affect the validity and enforceability of the remaining provisions.

13. VIOLATION OF TERMS OF USE.
John Paul Mitchell Systems will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the website and may be referred to appropriate enforcement authorities.

Thank you for taking the time to read our terms and conditions. © 2010 John Paul Mitchell Systems All rights reserved.

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