Terms and Conditions

Please read these User “Terms and Conditions” which govern this Website.

Do not use this Site if you disagree with any portion of its Terms and Conditions.

These “Terms and Conditions” constitute the terms and conditions between you ("you", "your", "customer") and Nigel Beauty Emporium (referred to as the "Company," "we," or "us") with respect to your use of this www.nigelbeauty.com web site (“Site”). The Company operates this Site as on-line e-commerce store for beauty and FX products. this includes all information, data, materials, documents, products, images, graphics, logos, button icons, services, surveys, audio and/or video clips audio-visual works, communications, and the underlying intellectual property rights thereto collectively the "Content".

When you access, use or download any Content from this Site, you are agreeing to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, we advise that you do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions as needed, and without prior notice to you. As such, we advise that you review these Terms and Conditions each time you access the Site: your use of the Site following such modifications or updates constitutes your acceptance to be bound by these Terms and Conditions.

COPYRIGHT.

All website Content is owned exclusively by the Company and Company reserves all copyrights and other intellectual property rights with respect thereto. Be aware that the collection and arrangement of all Content is protected by U.S. and international copyright laws. You are permitted to electronically copy and print portions of this Site in hard copy, for the sole purpose of placing an order with us and/or using this Site solely as a shopping resource. Any other reproductions from this Site, for purposes other than those permitted above, is strictly prohibited.

1. THIRD PARTY CONTENT.

   This Site may display printed materials and content obtained from third parties ("Third Party Content"). Company does not guarantee or endorse the accuracy of the Third Party Content and is not responsible for updating or making changes to it. Third Party Content may be used completely at your own risk.

   TRADEMARKS

   Nigelbeauty.com, and all custom designed page headers, custom graphics and button icons and custom concepts and collections are service marks and/or trademarks of Company and may not be used in connection with any product or service that is not offered by Company in any manner that is likely to cause confusion among consumers, or in any manner that discredits Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

   APPLICABLE LAW

   This Site is created and managed by Company in the State of California, U.S.A. Thus, the laws of the State of California will govern these Disclaimers, Terms and Conditions, without giving effect to any principles of conflicts of laws. Company reserves the right to make changes to its Site and these disclaimers, terms and conditions at any time.

   DISCLAIMERS

   CONTENT: All Content presented by Company is intended to be used for educational or informational purposes only. Some of the statements and claims made about products have not been evaluated by the U.S. Food and Drug Administration (FDA) and, as such, the results may not necessarily occur in all individuals. Use of this Site does not serve as a substitute for Professional Medical Advice. The statements and products on this Site are not intended to diagnose, treat, cure or prevent any condition or disease. We advise that you consult with your own Healthcare Provider about the use of any of the products or information obtained from this Site, before using them and/or relying on the reported results.

   GEOGRAPHIC: This Site is administered by the Company in the County of Los Angeles, California and is intended solely for users who are U.S. residents. Access to the Site and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. If you decide to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

   WARRANTY: This Site and the Content are provided “AS IS” without any warranties of any kind, expressed or implied, including without limitation, all implied warranties of merchantability, fitness for a specific purpose, title and non-infringement, with regard to the Content, products, services and all other information contained on and/or made available through this Site, including but not limited to the availability of this Site, lack of viruses, Trojan or other code that introduce contaminating or destructive properties, or any failure to provide the Site or access thereto by users. We do not guarantee the timeliness, validity, completeness or accuracy of the Content, since we reserve the right to update the Content on this Site from time to time. As such, information contained on this Site may be out of date and/or contain inaccuracies or typographical errors. All prices and availability information are subject to change without notice, the latter due to fluctuating inventory levels once orders are placed.

   USER REPRESENTATION

   You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.

   USER RULES

   We reserve the right to deny you access to any and all parts of this Site and terminate your account, for any reason or no reason, and at our sole discretion. In addition, the Company does not and cannot review, and is therefore not responsible for, any communications posted or uploaded to the Site by users.

   The following rules shall govern your conduct regarding the use of the Site.

   1. Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for any postings that are sent through your account to any blogs or forum or any other part of the Site. You may not post or transmit any message which is defamatory to the Company or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
   2. Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.
   3. Prohibition on Use by Minors Age 13 and under. This Site is intended for an adult audience and CHILDREN AGED 13 AND UNDER ARE NOT PERMITTED TO SUBMIT ANY POSTINGS, PERSONAL DATA OR UNSOLICITED INFORMATION.
   4. Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
   5. Infringing user content. You shall not post or transmit any content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
   6. Interference with Other Users’ Use. You shall not interfere with other users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in a communities or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or blogs. Notwithstanding this, users can voluntarily form closed prayer forums, which are inaccessible by other users without violating this provision.
   7. Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
   8. Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where user posted content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
   9. Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
   10. Diversion occurs when a manufacturer's product is sold through or by an unauthorized seller or channel. We at Nigel Beauty are fully committed to fighting the unauthorized sale of products at unauthorized retailers. All Cosmetologists, Estheticians and Manicurists must update their licenses and or Certifications accordingly otherwise any expired Licensee will result in deactivation of their PRO account.
   11. A change of address or any re-routing of packages MUST be authorized by Nigel Beauty Only. Any changes made directly by the customer through FedEx, UPS or any other shipping provider will be held Responsible for any additional Charges + Fees.
   12. Package Refusal:  Any unauthorized return or refusal of delivery on an order will be subject to a return delivery fee deemed reasonable in accordance with the order. These fees will be deducted from the refund amount which shall be issued once the goods are received back in our warehouse and fully inspected.
   13. Changes to addresses after shipment is in route are subjected to a minimum fee of $20.00 add on charge. 
   14. Changes to the shipping address may cause delay to the order. 

PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others, and ask that you do the same. Copyright infringement is governed by the Digital Millennium Copyright Act. Thus, the infringement on the intellectual property rights of others will not be tolerated and may result in the termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any user posted content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information at the address below:

Nigelbeauty.com

11252 Magnolia Boulevard,

North Hollywood, CA 91601

1. a signature of the person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
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 made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or posting content by you on the Site, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.

WAIVER, RELEASE AND LIMITATION OF LIABILITY

You agree that none of The Protected Parties shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against The Protected Parties (including but not limited to claims based upon the negligence of any of The Protected Parties) for losses or damages you sustain in connection with your use of this Site. Thus, the total liability of The Protected Parties, if any, for losses or damages shall not exceed the fees paid by you, the user, to the Company for the particular information, service or product provided. Under no circumstance shall any of The Protected Parties be liable to you for any indirect, special, incidental, consequential or punitive damages arising from any use of this Site or its Content.

In addition, none of The Protected Parties will be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, loss of all your user generated content, that and damages or losses you incur in the event of any failure or interruption of this Site or our equipment, or resulting from the act or omission of any other party involved in making this Site available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the Site, the Content, or your posted content whether or not the circumstances giving rise to such cause may have been within the control of any of The protected Parties.

Some States do not permit the exclusion of damages or limitation of liability as described above, so this limitation of liability may not apply to you. If any part of this limitation does not apply to be invalid or unenforceable, then the aggregate liability of The Protected Parties shall not exceed one hundred ($200) dollars. Despite the foregoing, any remedy determined to have failed its essential purpose, all Limitations of Liability, Disclaimers of Liability, and Exclusions of Liability shall remain in effect.

THIRD PARTY RIGHTS

The provisions of paragraphs I (Indemnification) and J (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

FRAUD PROTECTION PROGRAM

In an effort to control unauthorized and/or illegal activity, Company screens incoming orders to protect our customers as well as our company from fraud. If there is reasonable cause to suspect such activity, Company also reserves the right to decline the order. You will however be notified by our Customer Service department and may be asked to verify and/or provide information for further verification.

PRODUCT INFORMATION

Availability: Most products displayed on this Site can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notified via email. Some products available on this Site may not be available in Company retail store.

Pricing: All prices quoted on this Site are in U.S. Dollars. Company has no control over and makes no guarantees with regard to exchange rates and fees that may be used by financial institutions outside the continental U.S. for orders placed through them.

Product Information & Use: All of the products purchased from Company should be used in accordance with the manufacturer's instructions, precautions and guidelines. Parents or legal guardians of all minors should consult the minor’s physician prior to allowing their minor child to use products or services from Company. Reference to or presentation or sale of any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

Color Information: The manner in which colors are displayed may vary depending on your monitor. Company has taken reasonable measures to ensure accuracy of colors but cannot guarantee that you will be viewing them exactly as intended.

MISCELLANEOUS.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you in regards to these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located in the County of Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Company and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions 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 provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.

Brands Notification.

BABYLISSPRO

UNITED STATES UNILATERAL PRICE POLICY
Conair LLC d/b/a BaBylissPRO (“BaBylissPRO”) recognizes that its high-quality resellers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support its resellers’ efforts, BaBylissPRO has established policies that assist resellers in their ability to earn the profits necessary to maintain the high level of customer excellence people have come to expect from BaBylissPRO resellers. In order to successfully compete in the marketplace and to maintain its premium brand image, BaBylissPRO has announced this Unilateral Price Policy (“Unilateral Policy”). Hereafter, all sales from BaBylissPRO resellers to end-users of products set forth in BaBylissPRO’s Unilateral Price Grid (the “Product(s)”) inside the United States shall be subject to this Unilateral Policy. In addition, all sales from BaBylissPRO resellers to salons or stylists set forth in BaBylissPRO’s Unilateral Price Grid (the “Product(s)”) inside the United States shall be subject to this Unilateral Policy BaBylissPRO Products covered and their coordinating minimum advertised prices are set forth in the Unilateral Price Grid and shall be delivered or otherwise made available by BaBylissPRO to the reseller. In order to be in acquiescence with this policy, all Products advertised to end-users must be at the MSRP, unless otherwise noted. In order to be in acquiescence with this policy, all Products advertised to salons or stylists must be at the Salon Price, unless otherwise noted. BaBylissPRO reserves the right from time to time to alter, modify, suspend, or cancel this Unila teral Policy, the Products covered, and/or the minimum advertised prices. Please note, we believe all of our products should be advertised and sold at our MSRP price, however, this policy is meant to set a floor price a t which the products covered under this Unilateral Policy should be advertised. This Unilateral Policy does not restrict a reseller’s right to establish independent advertised and/or resale prices of BaBylissPRO Products. BaBylissPRO reserves the right to determine whether a reseller has advertised BaBylissPRO’s Products at a net advertised price less than the minimum advertised price established in this Unilateral Policy. Upon such determination, BaBylissPRO or a BaBylissPRO Authorized Distributor may, without assuming any liability, cancel all orders and may indefinitely refuse to accept new orders from the reseller. Please note that following the actions of another reseller is not an exception to this Unilateral Policy a nd will be considered non-acquiescence. This Unilateral Policy has been unilaterally adopted by BaBylissPRO. BaBylissPRO neither solicits nor will it accept assurances by any reseller of acquiescence with this Unilateral Policy. Nothing in this Unilateral Policy shall constitute an agreement between BaBylissPRO and any reseller of compliance with this Unila teral Policy. The reseller within its own discretion can choose to acquiesce or not acquiesce with this Unilateral Policy. BaBylissPRO will not discuss conditions of acceptance related to this Unilateral Policy. This Unilateral Policy is non-negotiable and will not be altered, modified, or amended for any reseller. The following are examples of actionsthat constitute acquiescencewith BaBylissPRO’s UnilateralPolicy: • The offer of freeshippingorfinancingon Product(s)listed in the UnilateralPriceGrid • The offer of a gift cardredeemable for valueon a future purchase with the purchaseof Product(s) listed in the UnilateralPrice Grid • BaBylissPRO,fromtimeto time within itssole discretion,may announcepromotional prices and bundles ofProduct(s) listed in the Unilateral Price Grid The following are examples of actionsthatdonotconstitute acquiescence with BaBylissPRO’s UnilateralPolicy: • Advertising that: i) states things such as “see pricein cart,” “clickto seeprice,” “add to cart f or best price,” or “call for price”; ii) lists a price thatisstruck through; iii) does not list a price, or iv) contains any language or graphic representation that implies, orfromwhichthe end-user can infer,that the end- usermay click throughto thecart tosee a price lower than that set forth in the Unilateral Price Grid • The issuanceof non-BaBylissPROannouncedrebates(in anyform, including coupon codes) on Product(s) listed in the Unilateral Price Grid 311187906.1 2 • Combining a ProductfromtheUnilateralPriceGrid with anyother product for a combinedprice lower than the combined priceof whatthe two(2) productscould beadvertised independentof each other a s set forth in the Unilateral Price Grid BaBylissPRO’s sales personnel have no authority to modify or grant exceptions to this Unilateral Policy. All questions regarding interpretation of this Unilateral Policy should be directed to the Unilateral Policy Committee at upc@babylisspro.com