TERMS AND CONDITIONS OF USE
Effective Date: September 28, 2021
This website is owned and operated by Mary Kay Inc. (collectively, “Mary Kay,” “we,” “our,” or “us”). These Terms and Conditions of Use apply to this website, any application (including a mobile application), and any other website or application that posts a link to this page (collectively, the “Site”). By accessing our Site, you consent to these Terms and Conditions of Use (“Terms”) and our collection, use and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us using the contact information in the Contact Us section below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
Ownership of Site Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Mary Kay. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.
Use of Site Content
Mary Kay grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only.
Reservation of Rights
All rights not expressly granted by Mary Kay herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Mary Kay has the authority to grant any license on behalf of any third party.
Mary Kay Trademarks
Mary Kay trademarks, including the trademarks “Mary Kay,” the logo, all page headers, graphics, images, symbols, trade names and other Mary Kay marks found at the Site are the proprietary property of Mary Kay (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Mary Kay.
Third Party Trademarks
The trademarks of third parties may also appear on the Site from time to time. You may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that Mary Kay has authority to grant any right or license on behalf of any third-party trademark owner.
Restrictions, Limitations and Conditions of Use
Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:
- access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
- restrict or inhibit others from using the Site;
- transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;
- submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
- engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
- distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our products, services or brands.
Mary Kay has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions in its sole discretion.
Links to Other Sites
In using the Site, you may find that Mary Kay provides hyperlinks to one or more third-party websites (the “Linked Sites”). Mary Kay provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your accessing these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Mary Kay.
This Site may also provide hyperlinks or redirect you to other websites operated by Mary Kay or its affiliates or partners with different terms and conditions and privacy policies (the “Other Mary Kay Sites”). We encourage you to read the terms and conditions and privacy policies of these other websites. When you visit these Other Mary Kay Sites you will be subject to the terms of use and privacy policies of the Other Mary Kay Sites.
Contest, Sweepstakes and Other Promotions
From time to time, Mary Kay may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participations (“Promotion Rules”), which will be posted on the Site or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
Disclaimer, Limitation of Liability, and Indemnification
The materials, Site Content and services offered on the Site are provided “AS IS” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Site, server(s), or advertised or Linked Sites will be accessible at all times. We do not warrant or make any representations regarding the use of the Site or any information contained therein, including Site Content, with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
Documents, information, graphics and other materials appearing on the Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Mary Kay Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by applicable law. None of the Mary Kay Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the Mary Kay Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Site or any breach of these Terms by you.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. Specifically, if you are a New Jersey consumer, certain provisions do not limit or waive your rights as a consumer under New Jersey law. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state of residence. In any event, Mary Kay reserves all rights, defenses and permissible limitations under the law of your state of residence.
Ability to Accept Terms
You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.
Site Operated in the United States
Mary Kay controls and operates the Site in the United States, and we make no representation that our Site is appropriate for use beyond the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site is set forth in our Privacy Policy.
Choice of Law and Forum
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or U.S. federal courts located in the Northern District of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and Mary Kay regarding the use of the Site and the content and services provided on this Site, superseding any prior agreements between you and Steward relating to the subject matter hereof.
Severability and Enforceability
If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.
See below for important limitations on the terms of this Section.
Termination/Exclusion
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.
User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Mary Kay through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
Changes to Terms
We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page.Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.
General
We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.
If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: corpcom@mkcorp.com.
Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Under certain state laws, (e.g. New Jersey), the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Choice of Law and Forum; Severability and Enforceability; and Site Operated in the United States do not limit or waive your rights as a consumer and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. In any event, Mary Kay reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
Entire Agreement
These Terms constitute the entire and exclusive agreement between you and Mary Kay regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.
Contact Us
If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at corpcom@mkcorp.com or by using the mailing information below:
Mary Kay Global Corporate Communication Team
16251 Dallas Parkway
Addison, TX 75001 U.S.A.
corpcom@mkcorp.com