ACCEPTANCE OF TERMS OF SERVICE.

This Agreement is an electronic agreement that sets out the legally binding terms (“Terms”) of your use of the Sites and membership and/or auto ship services (collectively “Services”) available to you on the Sites. This Agreement includes Sarah McNamara Beauty’s policies and notices about use of its Sites and Services and our privacy policy found at http://www.miracleskintransformer.com/privacy-policy/, which policies are incorporated into these Terms by reference. Each time you use the Sites and Services, you signify that you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Sites and Services. All references to Sarah McNamara Beauty, “us”, “our”, or “we” will be deemed to include Sarah McNamara Beauty, LLC.  By using the Sites and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms.

Updates to Terms. Sarah McNamara Beauty reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites. Sarah McNamara Beauty will provide notice of changes to the Terms by posting the new Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Sites. Your continued use of the Sites or Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.

Electronic Form. By accessing the Sites and Services you consent to have this Agreement provided to you in electronic form.

For Billing-Related Inquires. For assistance with billing-related issues please call us at 1-800-845-1645

USE OF THE SERVICES.

Personal Use. This Site and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site without Sarah McNamara Beauty’s prior written consent, or alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites and Services for their intended purpose. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Sites and Services or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

USER SUBMISSIONS.

Communication Services. The Services may contain public forums designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service (“User Content”). Sarah McNamara Beauty has no obligation to monitor the User Content. However, Sarah McNamara Beauty reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Sarah McNamara Beauty reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, and other communications by users are not controlled or endorsed by Sarah McNamara Beauty, and such communications shall not be considered reviewed, screened or approved by Sarah McNamara Beauty. User Content, including statements made in public forums reflect only the views of their authors. Sarah McNamara Beauty specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized SARAH MCNAMARA BEAUTY spokespersons, and their views do not necessarily reflect those of Sarah McNamara Beauty. Sarah McNamara Beauty representatives may monitor your User Content on the Sites. But we cannot monitor all of the User Content on the Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to info@miracleskintransformer.com.

By using the Communication Services and submitting User Content to the Sarah McNamara Beauty Applications, you grant to SARAH MCNAMARA BEAUTY, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Sites a non-exclusive license to access your User Content as permitted through the functionality of the Sites and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Sarah McNamara Beauty is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.  All User Content must comply with User Posting Requirements.

User Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:

• Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
• Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs which contain any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials in this manner.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Sites or other users’ computers.
• Except as expressly authorized by Sarah McNamara Beauty, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
• Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
• Encourage behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
• Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
• Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
• Impersonate or create a false identity (such as a celebrity or Sarah McNamara Beauty representative) for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
• Attempt to get a password, other account information, or other private information from a member or any other user of the Services.
• Improperly use support or complaint buttons or make false reports to Sarah McNamara Beauty administrators.
• Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
• Use the Sites to resell or make any commercial use of the Sites or Services or otherwise commercially exploit the same, without the prior express written consent of Sarah McNamara Beauty.
• Use the Services for fraudulent transactions.
• Sell, buy, or transfer access to your account.
• Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.

PROPRIETARY RIGHTS

The Services and all material published on the Sites, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data) sounds, messages, comments, ratings, and other materials on the Sites are owned by Sarah McNamara Beauty or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Sarah McNamara Beauty owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Sites. Sarah McNamara Beauty’s products’ names and its logos are trademarks of Sarah McNamara Beauty, LLC. and are protected by state and federal laws. All other trademarks appearing on this Site (“Marks”) are trademarks of their respective owners. Users are prohibited from using any Marks without the written permission of Sarah McNamara Beauty or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Sarah McNamara Beauty’s prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Sites or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

No License Granted. Except for allowing you to use the Sites and Services for your personal use as set forth in the paragraph above, when you use the Sites and Services, you are not receiving a license or any other rights from Sarah McNamara Beauty, including intellectual property or other proprietary rights of Sarah McNamara Beauty. You understand that you have no rights to the Sites and Services or any other Sarah McNamara Beauty property except as we indicate in these Terms.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE 

SARAH MCNAMARA BEAUTY has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Sites and Services which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites and Services. If you believe any materials on the Sites and Services or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Sarah McNamara Beauty, LLC.

499 Washington Boulevard

Floor 15

Jersey City, NJ 07310

GENERAL

Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join Sarah McNamara Beauty and to use the Services.

Communications from Sarah McNamara Beauty. By registering for Sarah McNamara Beauty, you will receive online communications from Sarah McNamara Beauty. You may also receive electronic communications from Sarah McNamara Beauty by just providing your email address and not registering. In either case, to unsubscribe from any Sarah McNamara Beauty email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list. [You may also indicate your privacy preferences by going to My Account".] To see how we use your personal information go to our privacy policy at http://www.miracleskintransformer.com/privacy-policy/ .

Links. You may be able to access other websites or resources through links on the Sites. Because Sarah McNamara Beauty has no control over such sites and resources, you acknowledge and agree Sarah McNamara Beauty is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Sarah McNamara Beauty endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Sarah McNamara Beauty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

LEGAL NOTICES

Indemnity/Release. You understand that you are personally responsible for your behavior while on the Sites or using the Services and agree to indemnify and hold Sarah McNamara Beauty, and its parent, subsidiaries, affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to your use of the Sites and or Services or in connection with a third party claim or otherwise, in relation to your use of the Sites or Services or access to the Sites, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with who you met through the Sites and Services. To the extent permitted under applicable laws, you hereby release Sarah McNamara Beauty from any and all claims or liability related to your use of the Sites or Services.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Access to Services. Sarah McNamara Beauty reserves the right to change, discontinue or suspend its Services at any time for any reason. Sarah McNamara Beauty shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision Sarah McNamara Beauty makes relating to termination or suspension of any person’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Sites and Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions within sections titled PROPRIETARY RIGHTS, and LEGAL NOTICES shall survive any such termination.

Privacy. This Site is governed by the terms and conditions set out in our privacy policy found at http://www.miracleskintransformer.com/privacy-policy/  which is incorporated herein by reference.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Governing Law/Disputes These Terms and this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without application of conflict of laws.  Exclusive jurisdiction and venue in connection with any dispute between you and Sarah McNamara Beauty (‘Dispute’) shall lie in the state or federal courts located in the State of New Jersey. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any claim you may have with respect to Sarah McNamara Beauty, the Services, the content or the Sites and Services must be commenced within one year after the claim arises or it shall be barred.