welcome to beauty made simple! we look forward to helping you grow your beauty consulting business beyond anything you have done before. we want beauty made simple to be an amazing tool for you to allow you to take your business as far as you can imagine!
this agreement sets forth your rights and obligations as a beauty made simple user. by being a paid member of this website, you signify you have read and understood this agreement and you will be bound by its terms. if you do not agree to these terms, please do not use this site.
the site is owned and operated by ROBERT JONES BEAUTY ACADEMY LLC, a corporation incorporated under the laws of DELAWARE, having its principle offices in RIGBY IDAHO. ROBERT JONES BEAUTY ACADEMY LLC, maintains this site for your personal education and information. please feel free to browse the site. you may download material displayed on the site for non-commercial, home personal use only, provided you keep intact all copyright, trademark and other proprietary notices. you may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this site including the text, images, audio and video for public or commercial purposes, without written permission from ROBERT JONES BEAUTY ACADEMY LLC.
I. definitions
a. beauty made simple is a trademark of ROBERT JONES BEAUTY ACADEMY LLC, and also refers to proprietary ROBERT JONES BEAUTY ACADEMY LLC software used to create color choices of specific makeup brands for clients. in this agreement, references to beauty made simple as a party mean and refer to ROBERT JONES BEAUTY ACADEMY LLC doing business as beauty made simple, and ROBERT JONES BEAUTY ACADEMY'S owner(s), parent company(ies), affiliate entitites, and employees, and assigns.
b. "parties" mean beauty made simple and you. beauty made simple and you are each a "party."
c. "terms" mean and refer to the beauty made simple user terms and conditions set forth herein.
d. "user" refers to a person who has created a beauty made simple account. "user account" refers to a user's beauty made simple account.
e. "you" and "your" means the beauty made simple user who has executed this agreement by signing up for an account.
II. becoming a beauty made simple user
by transferring payment to beauty made simple, and creating a user account, you become a beauty made simple user. there are various products and services available to users, and monthly prices applicable to such products and services. beauty made simple products, services, and prices are posted at https://beautymadesimple.com/create-my-account, and are subject to change without notice. price changes are effective on the first day of the month after the price change is posted to https://beautymadesimple.com/create-my-account by providing beauty made simple your credit card information, you authorize beauty made simple to charge your credit card in the amount indicated for the value of the services you select, including any future price changes. by your continued use of beauty made simple services, and unless you terminate this agreement as provided herein, you agree that beauty made simple may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services.
III. term and termination
your user contract with beauty made simple begins when your payment is accepted, and will continue month-to-month until either:
a. beauty made simple cancels your account due to breach of any of the terms of this agreement. in the event this agreement is cancelled due to your breach, you will not be entitled to pro-rate your last month's use, nor will you be entitled to any refund for any payments you have made to beauty made simple
OR
b. you provide beauty made simple ten (10) days' email notice, as provided herein, of your cancellation of your account. if you provide such notice less than ten (10) days before the first day of the next month, your credit card may still be charged. you will not be entitled to pro-rate your last month's use, nor will you be entitled to any refund for any payments to beauty made simple
OR
c. your credit card or beauty made simple's charge is denied for any reason and you do not provide beauty made simple a new credit card within ten (10) days.
V. no license to use beauty made simple's marks
any content on any beauty made simple website may constitute the intellectual property of beauty made simple, except where expressly authorized, no material on any beauty made simple website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. the beauty made simple trademark and logo (as well as the ROBERT JONES BEAUTY ACADEMY LLC trademark and logos) are proprietary marks of beauty made simple, and the use of those marks strictly prohibited. nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by beauty made simple or any of beauty made simple affiliates.
V. indemnity
you agree to protect, defend, indemnify and hold harmless beauty made simple, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third party claim against beauty made simple for liability for payments for, damages caused by, or other liability related to, you.
VI. no warranty; no leads
beauty made simple does not promise, guarantee or warrant your business success, income, or sales. you understand and acknowledge that beauty made simple will not at any time provide sales leads or referrals to you. additionally, BEAUTY MADE SIMPLE WEBSITES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BEAUTY MADE SIMPLE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY BEAUTY MADE SIMPLE WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. BEAUTY MADE SIMPLE MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY BEAUTY MADE SIMPLE WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY BEAUTY MADE SIMPLE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY BEAUTY MADE SIMPLE'S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY BEAUTY MADE SIMPLE'S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
the beauty made simple websites may include inaccuracies, errors and materials that conflict with these terms. in the event of any conflict between anything posted on any beauty made simple website and these terms, these terms shall control.
VII. limitation of liability
YOU AGREE THAT IN NO EVENT SHALL BEAUTY MADE SIMPLE'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO BEAUTY MADE SIMPLE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST BEAUTY MADE SIMPLE OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DMAGES OF ANY KIND OR DESCRIPTION.
VIII. force majeure
beauty made simple will not be responsible to you for any delay, damage, or failure caused by or occasioned by a force majeure event. as used in this agreement, "force majeure event" shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts or public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of beauty made simple. delays due to any of the above causes shall not be deemed to be breach of or failure to perform under this agreement. beauty made simple shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. assignment of rights
beauty made simple may assign rights under this agreement at any time, without notice to you. your rights arising under this agreement cannot be assigned by without beauty made simple's or it assigns express written consent.
X. information; registration; usernames and passwords
as a beauty made simple user, you will be required to create an account with beauty made simple. you warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. you are responsible for maintaining the confidentiality of any password you may use to access your beauty made simple user account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your User account, to any third party. you are fully responsible for all transactions with, and information conveyed to, beauty made simple under your user account. you agree to immediately notify beauty made simple of any unauthorized use of your password or username or any other breach of security related to your user account. you agree that beauty made simple is not liable, and you will hold beauty made simple harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
XII. release/authorization to use photographs
you grant beauty made simple permission to use any and all photographs taken by beauty made simple or its agents or employees, or submitted by you to beauty made simple (hereinafter “photographs”) in any media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of beauty made simple or any product or service sold and marketed by beauty made simple. you agree that this authorization to use photographs may be assigned by beauty made simple to any other party. you agree that that the photographs may be combined with other photographs, sounds, text and graphics, and that the photographs may be manipulated, cropped, altered or modified in beauty made simple's sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against beauty made simple in exchange for this release and assignment. you hereby release and forever discharge beauty made simple from any and all liability and from any damages you may suffer as a result of the use of the photographs. you further acknowledge and agree that this release is binding upon your heirs and assigns. you agree that this release is irrevocable.
XII. prohibited activity
beauty made simple has the right to terminate this agreement at any time if you engage or have ever engaged in any of the following:
a. HARMFUL ACTS. any dishonest or unethical business practice; any violation of the law; infliction of harm to beauty made simple's reputation; and the violation of the rights of beauty made simple or any third party.
b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to beauty made simple's reputation and to the rights of third parties. it is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
c. OFFENSIVE COMMUNICATIONS. any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIII. contact
if you have any questions or complaints concerning any of the terms, you may contact beauty made simple by email at support[a]robertjonesbeautyacademy.com, or by regular mail at 8333 prospect ave., dallas, tx 75214.
XIV. digital millennium copyright act
if you believe that materials or content available on any beauty made simple website infringes any copyright you own, you or your agent may send beauty made simple a notice requesting that beauty made simple remove the materials or content from the beauty made simple website. if you believe that someone has wrongly filed a notice of copyright infringement against you, you may send beauty made simple a counter-notice. notices and counter-notices should be sent to beauty made simple, attention legal department, at 8333 prospect avenue, dallas, tx 75214, or by email to info[a]robertjonesbeautyacademy.com.
XV. arbitration, governing law, and attorneys’ fees
a. ARBITRATION. any claim or grievance of any kind, nature or description that you have against beauty made simple including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in jefferson county, Idaho or bonneville county, Idaho. you agree not to file suit against beauty made simple or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. the arbitration will take place before a neutral arbitrator (hereafter, “arbitrator”) agreed upon by you and beauty made simple. in the event that you and beauty made simple are unable to reach agreement on an arbitrator, you and beauty made simple will each select an arbitrator, and the two of them will select the arbitrator, who must be a resident of jefferson county, Idaho or bonneville county, Idaho. the arbitrators selected by you and beauty made simple will have no further involvement in the arbitration. The arbitrator will determine the rules governing arbitration. The decision of the arbitrator will be final and binding on you and beauty made simple and may be reduced to a judgment in any court of competent jurisdiction. this agreement to arbitrate survives any termination or expiration of the agreement.
b. GOVERNING LAW. this agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Idaho without regard to any choice of law provisions.
c. WAIVER OF CLASS ACTION CLAIMS. you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this agreement. there is no right or authority for any claim you have against beauty made simple to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. claims brought against beauty made simple may not be joined or consolidated with claims brought by anyone else.
d. LIMITATIONS PERIOD. any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
e. INJUNCTIVE RELIEF. nothing in this agreement prevents beauty made simple from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect beauty made simple's rights prior to, during, or following any arbitration proceeding.
f. ATTORNEYS’ FEES. you agree that in the event of any arbitration or litigation, each party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. the foregoing notwithstanding, if either you or beauty made simple commences an action in a court of law or equity and the responding party successfully moves such court to compel arbitration, the party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other party.
XVI. changes to terms
beauty made simple reserves the right to change these terms, in whole or in part, from time to time at beauty made simple's sole and absolute discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting revised terms https://beautymadesimple/terms-of-use. by your continued use of beauty made simple services, and unless you terminate this agreement as provided herein, you manifest your agreement to any subsequent changes to the terms.
XVII. severability
if any term set forth herein is deemed unenforceable under any applicable law, the remaining terms shall remain in full force and effect and these terms shall be read, collectively, as if the unenforceable term(s) were omitted.
XVIII. waiver
no waiver by beauty made simple of any breach or default of these terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XIX. heading
any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XX. notice
any notice required to be given to beauty made simple under or related to these terms must be in writing, addressed as follows:
robert jones beauty academy llcnotices to you may be made by posting a notice (or a link to a notice) on https://beautymadesimple.com/terms-of-use, by email, or by regular mail, at beauty made simple's discretion.
thank you for your enthusiasm, understanding and cooperation. be BEAUTIFUL!!!