Terms of Use


These Terms of Use were last updated on August 29, 2023.
 
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS AND AGREEMENTS CONTAINED HEREIN. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES. SEE DETAILS BELOW.

Please read these terms of use (sometimes "Terms of Use") carefully. Please also read our Privacy Policy, which is referred to in these Terms of Use as our “Privacy Policy”.

Armstrong McCall, L.P. ("AMLP”) has established these Terms of Use for the www.armstrongmccall.com  web site ("Site"). By using this Site, you agree to be bound by the Terms of Use, including our Privacy Policy. Any unauthorized use of this Site or its content is prohibited.

If you do not agree with any of these Terms of Use, do not use this Site.

You are responsible for regularly reviewing the Terms of Use. AMLP may revise any terms on this Site at any time without notice. Updated versions of the Terms of Use will appear on this Site and are effective immediately. By using this Site, you are agreeing to be bound by the then current version of these Terms of Use.

Users of this Site (sometimes "you") shall not access or use this Site from territories where its contents or use are illegal, restricted or prohibited by law. AMLP is not responsible for your access or use from such a territory. By accessing this Site, you not only agree to be bound by these Terms of Use, you also agree to be bound 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.

All sales of products by AMLP are limited and subject to the Professional Purchase Agreement.

Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You have permission to temporarily download one copy of the materials on this Site for transitory viewing only. Except as provided in the proceeding sentence, you are not allowed to use this 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 this Site; (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 AMLP 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 format.

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 web pages 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 this Site, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export the Site or any portion thereof, the content or any software available on or through this Site in violation of the export control laws and regulations of the United States of America. Because of the possibility of human and mechanical error as well as other factors, AMLP is not responsible for any errors in or omissions from the information contained in or accessed through this Site. AMLP shall not be liable for any damages or injury resulting from users' access to or inability to access this Site or from reliance on any information at this Site.

AMLP does not represent or warrant that this Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. AMLP does not warrant or represent that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable. AMLP may make improvements and/or changes to its features, functionality or content at any time. ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND.

AMLP AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. AMLP AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMLP AND ITS AFFILIATES OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THIS SITE (“AMLP PARTIES”) SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, LOST PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, OR ANY WEBSITES LINKED FROM THIS SITE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AMLP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE AMLP PARTIES ARE LIABLE TO YOU EXCEED $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. THE LAWS OF SOME OTHER STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

This Site may provide links or references to other Web sites. AMLP may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. AMLP provides these links or references as a convenience only. AMLP is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this Site, 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 AMLP 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 AMLP or its parents, subsidiaries and affiliates.

Unless expressly agreed in a separate writing signed by an officer of AMLP, any information, data, material or other information you provide, transmit or post to this Site or to AMLP ("Submitted Information") will be considered non-confidential and non-proprietary. If AMLP receives information via this Site, the Internet, fax or mail, AMLP will treat it as if it were an authorized transmission subject to the foregoing, and except as otherwise stated in our Privacy Policy, AMLP reserves the right to use and reproduce such information for any purpose whatsoever.

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

Certain sections of this Site may require you to register. If registration is requested, you agree to provide AMLP with accurate, complete registration information. It is your responsibility to inform AMLP of any changes to that information by accessing the registration portion of this Site. Unless otherwise indicated, each registration is for a single user only. You alone are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify AMLP immediately. Notwithstanding this provision, AMLP makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration. In addition to all other rights available to AMLP, AMLP reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Except as expressly stated in our Privacy Policy by uploading content to, or submitting any materials for use on this Site, including Submitted Information, you grant (or warrant that the owner of such rights has expressly granted) AMLP a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, for the full term of any copyright that may exist in such content and all copyright extensions. You also permit others to access, view, store or reproduce the content for their personal use. Subject to this grant, the owner of content placed on this Site retains any and all rights that may exist in such content.

Except as expressly stated in our Privacy Policy, you are solely liable for any Submitted Information. You agree to indemnify, defend and hold harmless AMLP 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 this Site, the Submitted Information, or your violation of any rights of a third party.

AMLP may invite you to participate in online surveys or 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, AMLP may provide coupons, or run sweepstakes, drawings or other promotions on this Site. These promotions are subject to additional terms and conditions that will be made available at the time of such provision or competitions.

Unless otherwise agreed in a separate writing signed by a AMLP designated representative, linking to the Site is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this Site on another Web site, provided that (1) the link must be a text-only link clearly marked "Armstrong McCall Home Page", and pointing to this Site's home page; any links pointing to subsections of this Site are strictly prohibited; (2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AMLP's name and trademarks, or this Site, (3) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by AMLP, (4) the link, when activated by a user, must display this Site full-screen and not within a "frame" or similar technology on the linked site, and you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, and (5) AMLP reserves the right to revoke its consent to the link at any time in its sole discretion.

If you link to this Site, you must give AMLP prior notice of such link by providing notice at the mailing address indicated below, and you must agree to discontinue providing links to this Site if requested by AMLP. If you wish to provide links to a section within the Site, you should forward your request to AMLP at the email address set forth above. Notwithstanding this, you may not provide links to a section within this Site without the prior express written permission signed by an officer of AMLP.

AMLP produces this Site. The content of this Site is protected under applicable copyright and trademark laws including without limitation United States federal laws.

The trademarks, service marks, logos and graphics (the "Trademarks") appearing on this Site are, unless otherwise identified, sometimes registered and sometimes unregistered trademarks of AMLP, or one of AMLP's related entities, or a third party with whom AMLP may or may not have a business or other relationship. Product names used on this Site are for identification purposes only and may likewise be the trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on this Site. Any use of the Trademarks or linking to this Site must follow the terms set out in these Terms of Use. AMLP and its related entities vigilantly enforce their intellectual property rights and will actively seek the recovery of any costs and damages incurred in preventing the misuse or misappropriation of their property.

Notwithstanding anything in these Terms of Use, the Trademarks may not be modified. Any rights not expressly granted herein are reserved. Any use of the Trademarks is strictly prohibited without prior written consent from AMLP and/or the owner or licensee of the Trademarks.

AMLP claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain www.armstrongmccall.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by AMLP and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without AMLP's prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

DMCA POLICY

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), AMLP will promptly respond to claims of copyright infringement committed using this Site, if such claims are reported to our Designated Copyright Agent identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.

A DMCA request can be sent to us via the contact information below:

Armstrong McCall, L.P.
Attn: General Counsel
3001 Colorado Blvd.
Denton, TX 76210

Your Notice must be in the form of a written communication that includes the following information:

1. Your name, address, telephone number, e-mail address, title, or other contact information;

2. Identification of the copyrighted work (or works) that you claim has been infringed;

3. A description of the material that you claim is infringing the copyrighted work;

4. A clear description of where the infringing material is located on the Site so that AMLP can locate the material;

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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

RESOLUTION OF DISPUTES

In the event you have a dispute arising out of, or relating to, your use of our Site, any products or services purchased or programs offered on our Site or any provision of these Terms of Use, you agree to attempt to informally resolve such disputes and that any and all disputes or claims of any kind that cannot be informally resolved will be resolved exclusively and entirely through final and binding arbitration or in small claims court, if your claims qualify (”Agreement to Arbitrate”).

If you elect to seek arbitration or file a small claim court action, you must first notify AMLP by sending a written notice, by certified mail to: General Counsel, Armstrong McCall, L.P., 3001 Colorado Boulevard, Denton, Texas 76210. Notice must include a description of the nature and basis of the dispute and specifically state the relief sought. If you and AMLP do not reach an agreement to resolve the dispute within 30 days after the notice is received, you may commence an arbitration proceeding or file a claim in small claims court.

Any arbitration will be governed by the Federal Arbitration Act, conducted before a sole arbitrator under the Rules and Procedures established by the American Arbitration Association ("AAA"), which are available at www.adr.org. The sole arbitrator will be bound by the terms of this Agreement to Arbitrate and these Terms of Use. Except as otherwise expressly agreed by you and AMLP, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The arbitrator’s decision will be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator awards injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction.

If the value of relief sought is $10,000 or less, you or AMLP may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties subject to the sole arbitrator’s discretion to conduct an in-person hearing, if the circumstances warrant.

THIS AGREEMENT TO ARBITRATE LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION AND THE RIGHT TO A JURY TRIAL. NO PARTY IS ENTITLED TO BRING CLAIMS, NOR SHALL ANY CLAIMS BE HEARD, ON A CLASS, REPRESENTATIVE, OR OTHER JOINT BASIS, AND THE SOLE ARBITRATOR CAN DECIDE ONLY INDIVIDUAL CLAIMS MADE BY YOU OR AMLP. IN NO EVENT MAY THE ARBITRATOR CONSOLIDATE OR JOIN THE CLAIMS OF ANY PERSON OR PARTY, WHETHER OR NOT ON THE BASIS THAT THEY ARE SIMILARLY SITUATED. The sole arbitrator may award relief (including monetary relief in the amount of actual monetary loss, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by the party’s individual claims. Any arbitration hearing will be conducted in Dallas, Texas or another location agreed to by the parties and reasonably convenient for the parties.

The terms of this Site and any claims relating to this Site shall, except as required under applicable United States federal law, be governed by the laws of the State of Texas, 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 Denton, Denton County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

AMLP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Site and its features. AMLP reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action AMLP deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

These Terms of Use incorporate by reference any notices contained on this Site itself, but not on sites to which this Site may link and constitute the entire agreement with respect to access to and use of this Site. 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.

AMLP 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 this Site and may be referred to appropriate enforcement authorities. You are advised that AMLP will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Forward Looking Statements

This Site may now, or hereafter from time to time, contain certain statements or information with respect to: (i) the projection of AMLP's parent, Sally Beauty Holdings, Inc.'s ("SBH") revenues, operating margin, income, tax rate, earnings per share, capital expenditures, dividends, share count, capital structure, or other financial items; (ii) the plans, objectives, or projections of SBH for future operations, including those relating to the products or services of SBH; (iii) SBH's future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or statements which are not purely historical facts or which depend upon future events. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. Readers are cautioned not to place undue reliance on forward-looking statements as such statements speak only as of the date they were made. Any forward-looking statements involve risks and uncertainties that could cause actual events or results to differ materially from the events or results described in our filings with the Securities and Exchange Commission. All forward-looking statements on this Site are qualified by the factors, risks and uncertainties contained in such SEC filings. SBH undertakes no obligation to publicly update or revise any forward-looking statements.

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