Madam Glam Terms of service and Conditions of Use

I. INTRODUCTION
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN ¶ 1, AND YOUR RELATIONSHIP WITH Madam Glam LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “Madam Glam”). THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site or the Services. We may revise these Terms and Conditions at any time.
Notice of Agreement to Arbitrate and Class Action Waiver.
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
II. ABOUT THE SERVICES
1. Services. These Terms describe the terms and conditions on which you may access and use the Madam Glam website located at Madamglam.com (the “Site”), the Madam Glam mobile app (the “App”), the Madam Glam mobile site (the “Mobile Site”), and related services (together with the Site, the App, the Mobile Site, and the Madam Glam Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at Madam Glam’s showroom or other Madam Glam controlled venue, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
2. Changes in Contract Terms. We reserve the right to change the Terms and Conditions of Use on which we offer the Services, including adding new terms or deleting existing ones. If we make any changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms and Conditions, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of the Services, please contact us at b2b@Madamglam.com. If you notify us that you do not accept our Terms and Conditions, we may cancel your use of the Services (as provided in Use of Madam Glam Services, Paragraph 6), as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms and Conditions.
3. Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.

By consenting to Madam Glam’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at b2b@madamglam.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://www.madamglam.com/policies/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Madam Glam products or services, you agree that any controversy, claim, action, or dispute between you and Madam Glam arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Madam Glam’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York, NY, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Madam Glam's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Madam Glam LLC, 401 Broadway, 12th Floor, New York, NY 10013. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Madam Glam. You are responsible for ensuring Madam Glam’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Madam Glam agree that you may bring or participate in Claims against Madam Glam only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Madam Glam agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

4. Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
5. Privacy. To learn more about our privacy practices, please read our Privacy Policy, which is available at http://www.Madamglam.com/privacy-policy (the “Privacy Policy”).
III. USE OF Madam Glam SERVICES
1. Licenses. Subject to the terms and conditions of this Agreement, Madam Glam hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any Third-Party, except as explicitly permitted by Madam Glam in advance and in writing. Subject to the terms of these Terms, Madam Glam also grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control. Any breach of this Agreement shall result in the immediate revocation of the licenses granted in this paragraph without notice to you.
2. Replication/Distribution. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit our Services or any portion or component thereof unless expressly permitted by Madam Glam in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by Madam Glam in advance and in writing.
3. Use of Content on Services
a. Madam Glam Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Madam Glam Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the Madam Glam Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact Customer Care. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
b. 3rd Party Content. The Services may contain links or references to non-Madam Glam websites, products, services or other materials or content (“Third-Party Content”). This Third-Party Content is provided to you as a convenience, and Madam Glam is not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content is independent from Madam Glam, and Madam Glam has no control over the Third-Party Content. In addition, a link to any Third-Party Content does not imply that Madam Glam endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
c. Acceptable Use. No part of the Services, including the Madam Glam Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Madam Glam authorizes you to view, copy, download, and print Madam Glam Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use the Madam Glam Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Madam Glam Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Madam Glam Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Madam Glam considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any Third-Party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Madam Glam representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any Third-Party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
4. Use of Your Content. If you post, upload or make available to Madam Glam or the Services, or otherwise submit to or through Madam Glam as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Madam Glam a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on Third-Party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Madam Glam to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
5. Email Registration. Access to parts of the Services requires the creation of a user account, including a password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the terms and conditions of this Agreement, and Madam Glam has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Madam Glam promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
6. Access. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Madam Glam may also terminate your account if Madam Glam determines that your conduct poses a risk or liability to Madam Glam, or for any other reason as determined by Madam Glam in its sole discretion.
7. Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Madam Glam and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a Third-Party that is based on your use of the Services in violation of these Terms.
8. Careers. Madam Glam may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
9. Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Site or App, and you can retain copies of these communications for your records. As a registered user of Madam Glam, you agree to receive emails promoting any special offer(s), including Third-Party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent or by adjusting your preferences under the “Notifications” tab of “My Account.” If you have any questions or require further assistance, please contact us by email at b2b@Madamglam.com and our agents will assist you to change your account settings and/or disable your account.
IV. SALE OF PRODUCTS
1. General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
a. Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
b. Minors. Products may be worn or purchased for use by individuals under 18 years of age, but we sell our products only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Products as described in these Terms.
c. Collections. If you do not pay the amounts you owe to Madam Glam when due, then Madam Glam will need to institute collection procedures. You agree to pay Madam Glam’s costs of collection, including, without limitation, reasonable attorneys' fees.
2. No Commitment. By registering your email, you’ll have access to a personal showroom which is updated monthly with a curated selection of Nail polishes, Gels polishes and others nails accessories just for you. There is no obligation to buy anything in your showroom or on the Site. Madam Glam cannot guarantee that a selection available in a particular month will be available in any subsequent month.
3. Limited Warranty. We will deliver the Products you ordered, including the specified color and product type, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Madam Glam has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Madam Glam cannot guarantee that your computer monitor's or mobile device’s display of any color will be accurate. Madam Glam’s liability to you for failure to comply with any the limited warranted encapsulated in this section is limited to timely delivery of Product conforming to the warranties or a refund of the store credits actually collected for your B2B account in the month immediately preceding Madam Glam’s failure to comply (excluding delivery charges) as determined by Madam Glam.
4. All Sales As Is. The services and products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
5. Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase and is subject to change. All prices on the Madam Glam Services are listed in U.S. Dollars. Madam Glam is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Madam Glam reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Madam Glam to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Madam Glam are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
6. Payment by Credit Card. For your convenience, your credit or debit card information will be saved after your first purchase. We will apply that method of payment to all future purchases, unless you notify us online or through Customer Care. We accept the following credit cards at this time: VISA, MasterCard, Discover Card and American Express. Please note, we do not accept pre-paid debit or credit cards for use in connection with the B2B account. To maintain uninterrupted benefits on the Services, please update your credit or debit card to reflect your current account information. Please note that by continuing to use the Services, you authorize us to bill the payment method on file, including after its expiration date, until we are notified by you or your bank or financial institution that the account is no longer valid.
7. Payment with Store Credits. Store credits may be used to purchase any product offered through the Services. Store Credit may not be used to purchase products in the Outlet Collection or special collections defined on the website. Madam Glam reserve the right to define the excluded categories where the store credits may not be used. If the balance of store credit in your account is not sufficient to cover the purchase price of an order, you may supplement your store credit using a credit or debit card. For security reasons, a one cent fee per transaction may be applied to your credit card when you use a store credit. Additional fees, such as international shipping, processing fees, and taxes, if applicable, are additional, and cannot be paid with store credits.
8. Cancellations. You may cancel your order in the 30 minutes following your purchase by contacting our customer care department (see email address below). Madam Glam strives to ship orders swiftly and efficiently; once placed, orders are immediately transferred to our warehouse to be fulfilled. Accordingly, we are unable to cancel orders more than 30 minutes after an order is placed. Items may be returned or exchanged in accordance with Madam Glam’s return policy. Please contact us at b2b@Madamglam.com for more information.
9. Refund. We only refund 80% of the returned items value. Shipping fees are non-refundable. To be eligible for a refund, product(s) must be in its original box, clearly untouched, unworn and in its initial state - all product(s) which has been used can't been returned. Please read our Exchange and Return Policy, which is available at https://www.madamglam.com/pages/exchanges-return (the “Exchange and Return Policy”).
V. SPECIAL PROGRAMS
1. General. Madam Glam provides certain special programs, as described under this Section.
a. Madam Glam reserves the right to add, remove or modify special program benefits at any time, but we will use reasonable efforts to notify you of any material changes. You may always unsubscribe from a special program at any time. Upon your request, store credits accumulated in connection with a Special Program, which are posted to your account are refundable for a period of 30 days after their posting. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
b. Failure to Comply with B2B Terms. We reserve the right to pursue any amounts you fail to pay in connection with any special program in accordance with these Terms.
c. Termination. We may terminate any of the special programs, or your membership in any of these programs, at any time. If we do so, we will notify you concerning the membership and any benefits accrued in your account in connection with your membership.
3. Madam Glam Referral Program (if applicable). Madam Glam may offer rewards for shoppers referring new customers, including, but not limited to a store credit or credit towards future purchases (“Referral Program”). Madam Glam may, at any time, terminate, alter or modify the Referral Program without any further obligations. We will provide notice(s) should we terminate, alter, or modify the Referral Program.
4. Gift Cards.
a. Generally. Gift Cards may be purchased online and are issued by Madam Glam. Gift Cards may also be issued as part of a reward, incentive or other special program. Any information shared as a result of online purchases of Gift Cards will be subject to the Privacy Policy.
b. Redemption. Gift Cards may only be redeemed for the purchase of merchandise or in a participating Madam Glam retail store. Redeeming a Gift Card for an item available on our Services shall entitle the user to any applicable rewards. Gift Cards never expire. Gift cards have no cash value and may not be redeemed for cash (except as otherwise required by law). Please contact our b2b@MadamGlam.com if you have any questions about the redemption or use of a Gift Card.
c. Expiration/Fees. Gift Cards never expire. No fees for inactivity or service fees apply to any Gift Cards. However, Madam Glam reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
d. Balance Inquiry. Information regarding the balance of your Gift Card is available by contacting Customer Care. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
e. No Refunds. No refunds are permitted with respect to the Gift Cards; all sales are final.
f. Risk of Loss; Lost, Damaged, or Stolen Gift Cards. The value of any lost, damaged or stolen Gift Cards will not be replaced. With respect to mailed Gift Cards, ownership and risk of loss of Gift Cards passes to the recipient as soon as the Gift Card is delivered to the designated carrier.
g. Resale Prohibited. You may not sell a Gift Card or otherwise barter for its exchange. However, you may transfer a Gift Card to another person for no monetary consideration (e.g., as a gift).
h. Maximum Value. You may not purchase any single Gift Card with a value of more than $200. Moreover, you may not purchase multiple Gift Cards with a total value of more than $1,000 in any one day.
i. Limitation of Liability. Madam Glam MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Madam Glam’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
j. Fraud/Violation of Terms. Madam Glam reserves the right to refuse to honor, or to suspend or deactivate a Gift Card where Madam Glam suspects that the Gift Card was obtained fraudulently, in violation of these Terms, or in violation of applicable laws or other applicable Madam Glam terms and conditions.
6. Emails and Notifications. We want your experience with Madam Glam Services to be as enjoyable as possible. If you wish to change your email subscription preferences, including unsubscribe from emails or opt out of text messages, please visit the “Notification” section of “Your Account” on the Site, where you can adjust the frequency and type of communications you receive from us. If you have any questions or require further assistance, please contact us by email at b2b@Madamglam.com and our agents will assist you to change your account settings and/or disable your account
VI. SHIPPING/RETURNS/EXCHANGES
1. Shipping. Madam Glam offers free international shipping for all orders above $100 (shipping fees and taxes excluded). Madam Glam offers free shipping, free exchanges, and easy returns to and from addresses within the U.S above $100 (shipping fees and taxes excluded). Madam Glam offers free shipping to U.S. customers as a B2B Member.
All shipping rates are listed on the “Checkout Page” of the website, which may change from time to time at our discretion. The shipping method used, and related pricing, will be at the discretion of Madam Glam.
Please refer to Madam Glam’s Shipping, Return, and Exchange Policies for detailed information, which is available at https://www.madamglam.com/pages/shipping-information (the “Shipping Information”).
All deliveries will be made through Madam Glam’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Madam Glam.
The risk of loss and title for items purchased by you pass to you upon Madam Glam's delivery of the items to the carrier pursuant to the Madam Glam’s Shipping, Return and Exchange Policies. If your package has not arrived by the designated time, please contact our Customer Care department for help tracking your package and if necessary, placing a replacement order.
2. Exchanges. We will accept exchanges of new, unworn items within thirty (30) days of delivery. The originally purchased item(s) must be returned to our warehouse within thirty (30) days of delivery. If we do not receive the originally purchased item(s) for which you have requested an exchange within thirty (30) days, you will be liable for the full cost of the exchange. You are entitled to make up to three (3) exchanges of an original purchase, after which the item can no longer be exchanged or refunded. Final sale items may be exchanged only for a different size of the same style while supplies lasts. There is no exchange possible on any merchandise given away for free during a promotional operation. Please visit Madam Glam’s Shipping, Return and Exchange Policies for additional information about our return policy. Please refer to Madam Glam’s Shipping, Return, and Exchange Policies for detailed information, which is available at https://www.madamglam.com/pages/exchanges-return (the “Exchange and Return Policy”).
3. Returns for Store Credit. We will accept returns of new, unworn items within 30 days of delivery for store credit. Final sale items and sales from the outlet collection are not eligible for return. There is no charge for items returned for store credit. As soon as you initiate a return on our Services we will email you a voucher for each item you wish to return; each voucher can be used to purchase any one item then available on our Services. The originally purchased item(s) must be returned to our warehouse within 30 days of delivery. If we do not receive the originally purchased item(s) for which you have requested a store credit within thirty (30) days, you will be liable for the full cost of the item(s). Please visit Madam Glam’s Shipping, Return and Exchange Policies for additional information about our return policy. Please refer to Madam Glam’s Shipping, Return, and Exchange Policies for detailed information, which is available at https://www.madamglam.com/pages/exchanges-return (the “Exchange and Return Policy”).
4. Returns for a Refunds. We will accept returns of new, unworn items within thirty (30) days of delivery for a refund. Final sale items are not eligible for return. All products returned for a refund are subject to a $5.95 restocking fee per order, to be deducted from the amount refunded to the original method of purchase. As soon as you initiate a return on our Services we will send you a voucher for each item you wish to return; that voucher is available to be used to purchase any one item then available on our Services until your original purchase is received by our warehouse. If you chose to use the voucher, you will not be refunded your purchase amount and you will not be charged a restocking fee. Once your new, unworn items are received, provided you have not already used your voucher, your voucher will be deactivated and a refund, minus the $5.95 restocking fee per order, will be returned to your credit or debit card. We only refund 80% of all orders. Shipping and Taxes can’t be refunded. Please visit Madam Glam’s Shipping, Return and Exchange Policies for additional information about our return policy. Please refer to Madam Glam’s Shipping, Return, and Exchange Policies for detailed information, which is available at https://www.madamglam.com/pages/exchanges-return (the “Exchange and Return Policy”).
VII. INTELLECTUAL PROPERTY
1. Ownership of Services. The Site, Mobile, Site and App, are owned and operated by Madam Glam LLC. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Madam Glam or by our respective Third-Party authors, developers or vendors ("Third-Party Providers"). Except as otherwise expressly provided by Madam Glam, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Madam Glam's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Care department if you have any questions about obtaining such licenses. Madam Glam does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Madam Glam. Any rights not expressly granted herein are reserved by Madam Glam.
2. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2014-2019, Madam Glam LLC. ALL RIGHTS RESERVED.
3. Trademark. Madam Glam, Madamglam.com, Madam Glam LLC, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Madam Glam. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
4. License for Site. Subject to your compliance with these Terms, Madam Glam grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
5. License for App. Subject to the terms of these Terms, Madam Glam grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
6. Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any Third-Party, and that Madam Glam may use your Feedback without restriction or obligation to you or any Third-Party.
7. Notice and Copyright. Madam Glam takes protection of Copyright very seriously. If you believe any Madam Glam Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Madam Glam’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Madam Glam’s agent for copyright issues relating to the Services is as follows:
Madam Glam LLC, attn: General Counsel, 401 Broadway, 12th Floor, New York, NY 10013.
In an effort to protect the rights of copyright owners, Madam Glam will, in appropriate circumstances, terminate the accounts of subscribers who are repeat infringers.
VIII. TERMINATION
1. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Madam Glam may also terminate your account if Madam Glam determines that your conduct poses a risk or liability to Madam Glam, or for any other reason as determined by Madam Glam in its sole discretion.
2. In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
IX. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
1. Limited Warranties. The limited warranties apply only to you and may not be assigned, sold or transferred to any Third-Party. No other warranties are granted by Madam Glam in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and Madam Glam's sole and exclusive liability for a breach by Madam Glam of the limited warranties shall be, at Madam Glam's option, Madam Glam's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner, as applicable (excluding delivery charges if applicable).
2. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT ABOVE, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Madam Glam DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Madam Glam CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
3. Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL Madam Glam BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Madam Glam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
X. DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
1. Informal process first. Both you and Madam Glam agree that in the event of any dispute between you and us, you and Madam Glam will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Care department at b2b@madamglam.com.
2. Mandatory arbitration of disputes. In the unlikely event that Madam Glam's Customer Care department is unable to resolve your complaint to your satisfaction (or if Madam Glam has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and Madam Glam will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Madam Glam or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
3. Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Madam Glam or you, shall be governed by the Federal Arbitration Act and shall be resolved by mandatory and binding arbitration submitted to the AAA in accordance with the AAA Rules at the request of either Madam Glam or you pursuant to the following conditions:
a. Basis for Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Madam Glam should be addressed to: Notice of Dispute, General Counsel, Madam Glam LLC, 401 Broadway, 12th Floor, New York, NY 10013 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand").
b. Service of Demand. If Madam Glam and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Madam Glam may commence an arbitration proceeding pursuant to the AAA Rules.
c. Place of Arbitration Hearing. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at an AAA facility in your area or at an AAA facility in New York City, at your election.
d. Conduct of arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA Consumer Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service.
e. Final and binding. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Madam Glam. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Madam Glam was a party. During the arbitration, the amount of settlement offers, if any, made by Madam Glam or you shall not be disclosed to the arbitrator.
f. Costs and Fees. To the extent permitted by AAA Rules, each party shall bear its own costs and expenses, with Madam Glam remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under AAA Rules. Notwithstanding the foregoing, for any non-frivolous claim (as determined by the Arbitrator, if Madam Glam does not agree the claim is non-frivolous), Madam Glam will promptly reimburse you for your payment of any arbitration filing fee after Madam Glam receives notice at the Notice Address that you have commenced arbitration. If you are unable to pay this fee, Madam Glam will pay it directly after receiving a written request at the Notice Address. For all non-frivolous claims, Madam Glam will pay for the entirety of the arbitrators' and administrative fees of arbitration and will pay for your legal fees up to a maximum of $5,000, regardless of the outcome of the Arbitration. For the sake of clarity, you shall be responsible for your legal fees that exceed $5,000, unless ordered otherwise by the Arbitrator.
g. Relief. The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
h. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
i. Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
4. Class Action Waiver. The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Madam Glam shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
XI. MISCELLANEOUS
1. Jurisdictional Issues. Madam Glam makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside one of these jurisdictions do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in countries outside the United States. Such references do not imply that Madam Glam intends to announce or make available such products or services to the general public, or in your country. Contact Madam Glam at b2b@Madamglam.com to determine which products and services may be available to you.
2. Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the Madam Glam Content, or any part thereof, in any way, in violation of United States law.
3. Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
4. Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Madam Glam shall have the right to refuse or cancel any orders placed for a product listed at the incorrect price. Madam Glam shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Madam Glam shall immediately issue a credit to your credit or debit card account in the amount of the charge.
5. Entire Agreement. These Terms are the entire agreement between you and Madam Glam relating to the subject matter herein and shall not be modified except by Madam Glam in accordance with these Terms, or as otherwise agreed in writing by you and Madam Glam. No employee, agent or other representative of Madam Glam has any authority to bind Madam Glam with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
6. Third Parties. This Site may contain links to websites controlled by parties other than Madam Glam (each a "Third-Party Site"). Madam Glam may work with certain partners and affiliates whose sites are linked with Madam Glam. Madam Glam is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any web site accessed from a Third-Party Site or any changes or updates to such sites. Madam Glam makes no guarantees regarding the content or quality of the products or services provided by such sites. Madam Glam is not responsible for webcasting or any other form of transmission received from any Third-Party Site. Madam Glam is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Madam Glam of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Madam Glam is not responsible for any loss or damage of any sort you may incur from dealing with a Third-Party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.
7. Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
8. Force Majeure. Madam Glam will not be liable for or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Madam Glam’s reasonable control.
9. Final Form. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
10. Contact Information. Please send any questions or comments, or report violations of these Terms, to Madam Glam at b2b@Madamglam.com or Madam Glam LLC, Attn: Legal Department, 401 Broadway, 12th Floor, New York, NY 10013. This address will not respond to questions about orders or individual memberships.