Terms and Conditions Updated September 2004 These Terms and Conditions are a binding agreement between each Partners in Beauty member and Partners in Beauty. They govern your membership in Partners in Beauty. Partners in Beauty reserves the right to modify these Terms and Conditions, so it is important to check them periodically at www.partnersinbeauty.com (the "Web site") or request a copy by mail. Continued participation in Partners in Beauty is considered acceptance of these Terms and Conditions, the most updated version of which shall be posted on the Web site, and any modified terms included therein. Membership is valid from the date your payment is processed through Dec. 31st of that calendar year. Before being able to participate in Partners in Beauty, you must provide us with complete and updated registration information including accurate name, address, and e-mail address (if you have one), and you may also provide us with your phone number Partners in Beauty may also issue a membership card to those who complete the registration process (the "Membership Card"), which you may present at both local and national participating Affiliates to receive special offers as more fully described in Section 6 of these Terms and Conditions, (The card(s) you register for Partners in Beauty shall be referred to herein as the "Card(s)".) You may also register for Partners in Beauty by completing and mailing a registration form that may be available at certain Partners in Beauty Affiliates Those who complete the registration process shall be referred to as "Members." Members may not (i) activate or use more than one Partners in Beauty account; (ii) select or use a username of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name, address, or e-mail address to activate or use a Partners in Beauty account; or (v) present or supply false or misleading information to any entity involved in Partners in Beauty. Personal nonpublic information that we gather from you in connection with Partners in Beauty or otherwise will be governed by our Privacy Policy, found on the Web site by clicking the Privacy Policy link. Only U.S. residents 18 years of age or older may register and participate fully as Members. You acknowledge that you are solely responsible for the equipment and Internet access required to connect to the Web site or to participate in Partners in Beauty and the Mom Rewards Program. We use certain technologies to build our Web site, including HTML, JavaScript, CSS and others. If the browser you use to access our Web site does not support or has disabled these technologies, or you have other software on your computer which conflicts with your browser, you may not be able to use our Web site and/or enter online promotions or sweepstakes. Members must keep all Partners in Beauty account information current at all times. Members may update their account information by clicking on My Account or other links on the Web site. Members who have lost or forgotten their password should not register for another account. Instead, they should click Send My Password on the login page. Members will be asked for the email address provided in her registration. That Member will then be sent her password via e-mail. A Partners in Beauty account cannot be used or accessed by multiple persons and Members can neither combine offers from separate Partners in Beauty accounts nor transfer her account to another person. Any duplicate Partners in Beauty accounts are subject to cancellation, and all offers will be forfeited. The exact Affliates and offers vary by market. For more information on the Affiliates and available offers visit the Affiliates and Benefits section of our website. By registering for Partners in Beauty, you will receive offline as well as online communications from Partners in Beauty. To opt out of receiving online communications from Partners in Beauty or to choose which types of communications you wish to receive from Partners in Beauty, you may visit " Beauty.com stating that you want to unsubscribe from or select to receive only certain types of communications. In addition, you may opt out of receiving a specific type of online communication at any time by following the unsubscribe instructions included in every online communication you receive from Partners in Beauty. You understand and agree that your membership in Partners in Beauty is subject to and conditioned upon the following: Your continued adherence to these Terms and Conditions and the terms and conditions contained in the Terms of Service on the Web site and any future modifications thereto. Failure to follow these Terms and Conditions and/or the User Terms and Conditions constitute grounds for immediate termination of your membership without further notice at Partners in Beauty's sole discretion. Termination of your Membership will result in cancellation of all accumulated Mom Rewards Points and all rights of access and use granted to Members. In addition, Members whose accounts have been terminated may not receive special offers from the Affiliates Members may not knowingly allow a former Member whose membership has been terminated to use their accounts. Partners in Beauty may, in its sole discretion, change, suspend or discontinue any aspect of Partners in Beauty, the Affiates and or benefits, and Website at any time, including the availability of any service feature, links, sponsor, database, or site content without notice, including, without limitation, should events beyond Partners in Beauty's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature or war. Partners in Beauty reserves the right to change or terminate Partners in Beauty at any time for any reason. Partners in Beauty may also impose limits on certain features and services or restrict any Member's access to parts or all of Partners in Beauty, the Mom Rewards Program and the Web site without notice or liability. Partners in Beauty reserves the right to periodically monitor Members' use of Partners in Beauty, Web site and may request at any time that a Member provide proof in order to verify the accuracy of the account information provided by the Member at the time of registration or anytime thereafter. Members may terminate their membership at any time by sending an e-mail to memberservices@Partners in Beauty.com to such effect, including their user name and password. Partners in Beauty may, in its sole discretion, terminate or suspend any Member's access to all or part of Partners in Beauty, and the Web site including the cancellation of some or all of the Member's Benefits. for any or no reason, including, without limitation, breach of these Terms and Conditions or the Terms of Service on the Web site or taking actions that are inconsistent with the intent of these Terms and Conditions or the Terms of Service on the Web site. Partners in Beauty shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision Partners in Beauty makes relating to termination or suspension of any Member's account shall be final and binding. Partners in Beauty will terminate any Member's account in its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has neither accrued nor redeemed Partners in Beauty Benefits she has not logged into the Web site or she has not called Partners in Beauty's customer service or contacted Partners in Beauty in any other manner. When a Member's account has been terminated, all Benefits shall be forfeited. On occasion, Partners in Beauty will send the Members online and offline offers from the Affliates, such as discounts, coupons and other offers of value. In addition, when Members present the Membership Card at both local and national Affiliates, they may receive discounts, coupons and other offers of value, on a case by case basis. For details on the offers available at various Partners with presentation of the Membership Card, as well as the specific terms and conditions and/or limitations applicable to each of these offers, visit the Web site under the Benefits Section or call 1-800-Partners in Beauty to speak to a member services representative. Members are responsible for maintaining the confidentiality of their user names and passwords. Partners in Beauty cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Accordingly, under no circumstances will Partners in Beauty be responsible for any loss or damage incurred by any Member as the result of unauthorized interception or decryption of information transmitted to or by Partners in Beauty. In addition, if you link to and complete an information request form hosted by a third party from the Web site, Partners in Beauty is not responsible for the security of your data once you leave the Web site. Members must immediately notify Partners in Beauty of any known or suspected unauthorized use(s) of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Each Member is responsible for all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by Member or the result of the Member authorizing a third party to use Member's username and password. Each Member agrees not to abuse Partners in Beauty by conduct which is detrimental to the interests of Partners in Beauty, including without limitation attempting to redeem Benefits that is in breach of or inconsistent with these Terms and Conditions. Without limiting the foregoing, Members shall not: (a) activate or use more than one account; (b) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated and all benefits cancelled in Partners in Beauty's sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by Partners in Beauty. Members may only access those portions of the Web site specifically made available to Members and under no circumstances are Members permitted to use or attempt to use the Web site or any portion thereof to violate its security or the security of systems accessible through it. Partners in Beauty, the benefits, and merchandise, services, rewards, offers and activities offered by Partners in Beauty are void where prohibited by law. Information disseminated by Partners in Beauty about Partners, their products and services, and the offers extended by Partners to Members is accurate to the very best of our knowledge. Partners in Beauty is not responsible for errors and/or omissions with respect to such information or any information or service provided by it's affilates. Each Member acknowledges and agrees that Partners in Beauty shall not be responsible nor liable for any agreements between a Member and any of the Affiliates or other companies affiliated with Partners in Beauty with regard to items or services received by such Member or as a result of a redemption of Partners in Beauty Benefits or such Member's participation in third-party promotions and/or other activities. Each Member acknowledges and agrees that Partners in Beauty is not responsible for any liability, claims or actions of any kind for injuries, damages or losses to person or property, that may be sustained in connection with the use of any products, services and/or offers of the Affiliates. Determination of any tax liability relating to accumulation and redemption of any benefits is solely the responsibility of the Member. Partners in Beauty is not responsible for unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances, or any other communications failures or circumstances affecting, disrupting or corrupting Partners in Beauty, in any manner including without limitation. Partners in Beauty also not responsible for any damage to any Member's computer occasioned by membership in Partners in Beauty, participation or downloading of any information necessary to participate in Partners in Beauty. Any questions about the nature of our relationship or the law surrounding this relationship will be governed by California State law applicable to agreements made and wholly performed therein without giving effect to conflicts of law principles.
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