terms of use

These Terms of Use were last updated on March 11, 2011

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read these terms of use (sometimes "Terms of Use") carefully. Please also read our Privacy Policy. California residents: click here to read Your California Privacy Rights. Canadian residents: click here to read our Canadian Privacy Policy. Together, as applicable, the foregoing are referred to in these Terms of Use as our "Privacy Policies".

Sally Beauty Supply LLC ("Sally") has established these Terms of Use for the www.sallybeauty.com website ("this Site"). By using this Site, you agree to be bound by the Terms of Use, including our Privacy Policies. 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. Sally 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. If you are concerned about the Terms of Use of this Site, please check back at this page on this Site periodically.

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. Sally 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.

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

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 Sally 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, Sally is not responsible for any errors in or omissions from the information contained in or accessed through this Site. Sally 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.

Sally 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. Sally does not warrant or represent that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable. Sally 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.

SALLY 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. SALLY 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. SALLY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY. SALLY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE. SALLY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS OR LOST OPPORTUNITY) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EVEN IF SALLY OR ITS PARENTS, SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, SALLY’S AND/OR ITS PARENTS, SUBSIDIARIES AND AFFILIATES’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD $1.00.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.

This Site may provide links or references to other Web sites. Sally may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. Sally provides these links or references as a convenience only. Sally 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 Sally 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 Sally or its parents, subsidiaries and affiliates.

As with this Site itself, in no event shall Sally, its parents, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on this Site, even if informed of the possibility of such damages.

Sally intends to leave each visitor to this Site with the decision of whether or not to forward personal or other information to Sally, subject to these Terms of Use and our Privacy Policies. Unless otherwise provided for in these documents, any information, data, material or other information which you provide, transmit or post to this Site or to Sally ("Submitted Information") will be considered to be non-confidential and non-proprietary unless expressly agreed in a separate writing signed by an officer of Sally. If Sally receives information via this Site, the Internet, fax or mail, Sally will treat it as if it were an authorized transmission subject to the foregoing, and except as otherwise stated in our Privacy Policy, Sally reserves the right to use and reproduce such information for any purpose whatsoever.

Except as expressly stated in our Privacy Policies, Sally 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.

Under no circumstances, should you use this Site or any of the fax and mailing addresses on this Site to send Sally confidential or proprietary information. Unless expressly agreed in a separate writing signed by an officer of Sally, Sally does not want to receive confidential or proprietary information from you. Unless as otherwise set forth in our Privacy Policies, all information and data you submit shall be deemed to be non-confidential and non-proprietary, and except as expressly set forth in these documents, Sally shall be free to disclose and use, without any obligations whatsoever towards you, for any purpose and through any means.

Certain sections of this Site may require you to register. If registration is requested, you agree to provide Sally with accurate, complete registration information. It is your responsibility to inform Sally 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. While Sally does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Sally immediately. Notwithstanding this provision, Sally makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration.

Except as expressly stated in our Privacy Policies, 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) Sally 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 Policies, you are solely liable for any Submitted Information. You agree to indemnify, defend and hold harmless Sally 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.

Sally may invite you to participate in online surveys, or give us personal information. Unless otherwise stated, participation is voluntary. See our Privacy Policies for additional information regarding our information collection and disclosure practices. From time to time, Sally 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. Web coupons are limited to one coupon per person, per visit except for occasional 'no purchase required’ coupons, which are limited to one free item per household, per offer. Any attempt to redeem more than one coupon per offer constitutes fraud. Web coupons are void where prohibited by law.

Unless otherwise agreed in a separate writing signed by a Sally 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 "Sally 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 Sally’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 Sally, (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) Sally 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 Sally 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 Sally. If you wish to provide links to a section within the Site, you should forward your request to Sally 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 Sally.

The trademarks, service marks, logos and graphics (the "Trademarks") appearing on this Site are, unless otherwise identified, sometimes registered and sometimes unregistered trademarks of Sally, or one of Sally’s related entities, or a third party with whom Sally 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. If you are unsure whether a trademark, service mark, logo or graphic is the property of or under a license to Sally, or if you have any questions about the use of the Trademarks, please contact Sally’s legal department by telephone at (940) 297-4594. Sally 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 Sally and/or the owner or licensee of the Trademarks.

Sally 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.sallybeauty.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by Sally 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 Sally’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.

ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY

If you believe that this Site contains materials that constitute copyright infringement, please notify Sally in writing as follows:

By mail:
Sally Beauty Supply LLC
Attn: General Counsel
3001 Colorado Blvd.
Denton, TX 76210
By phone: (940) 297-4594
By fax: (940) 297-4990

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to Sally must be in the form of a written communication that includes the following information:

  1. Your address, telephone number and e-mail address;
  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 Sally 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.

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.

Sally 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. Sally reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action Sally 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, including the Privacy Policies, (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.

Sally 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 Sally 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 Sally’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 forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, SBH’s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. SBH wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further details and information about factors relating to risks and uncertainties concerning the foregoing or SBH in general, please refer to SBH’s SEC filings. Unless legally required, SBH undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

Portions of this website are licensed under U.S. Patent No. 7,958,204 and 5,930,474.

Thank you for taking the time to read our terms and conditions.

©2014 Sally Beauty Supply LLC. All rights reserved.