10. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to the The Makeup Distro™ name and logo, "Your Plug for Premiere Beauty™" tagline, product photography, graphics, written descriptions, user interface design, and software, is the proprietary property of The Makeup Distro™ and is protected by applicable U.S. and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes. You may not:
- Copy, reproduce, modify, distribute, or create derivative works of any Site content without prior written consent.
- Use our trademarks, logos, or brand assets in connection with any third-party products or services.
- Scrape, crawl, or systematically extract data from the Site using automated tools.
- Frame or mirror any portion of the Site without written authorization.
11. PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
- Using the Site for any unlawful purpose or in violation of any applicable regulation.
- Submitting false, misleading, or fraudulent information during checkout, returns, or account creation.
- Abusing promotions, discount codes, or referral programs in bad faith.
- Attempting to gain unauthorized access to our systems, accounts, or infrastructure.
- Transmitting malware, viruses, or harmful code through the Site.
- Harassing, threatening, or engaging in abusive conduct toward our staff or customers.
- Interfering with the operation or security of the Site.
Violation of this section may result in immediate account suspension, order cancellation, and referral to appropriate law enforcement authorities.
12. DISCLAIMER OF WARRANTIES
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAKEUP DISTRO™ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- WARRANTIES THAT PRODUCTS WILL ACHIEVE ANY PARTICULAR RESULT OR BE COMPATIBLE WITH ANY INDIVIDUAL’S SKIN TYPE OR CONDITION.
ALWAYS PERFORM A PATCH TEST ON A SMALL AREA OF SKIN BEFORE USING ANY NEW COSMETIC OR SKINCARE PRODUCT. DISCONTINUE USE IMMEDIATELY IF IRRITATION, ALLERGIC REACTION, OR ADVERSE EFFECTS OCCUR.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAKEUP DISTRO™ AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS.
- ALLERGIC REACTIONS, SKIN IRRITATION, OR PERSONAL INJURY RESULTING FROM PRODUCT USE OR MISUSE.
- ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA.
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF RELIANCE ON CONTENT POSTED ON THE SITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM USE OF THE SITE OR PURCHASE OF PRODUCTS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE 90 DAYS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless The Makeup Distro™ and its owners, officers, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your access to or use of the Site or Services.
- Your purchase, use, or misuse of any products.
- Your violation of these Terms or any applicable law.
- Any content or information you submit to the Site.
- Your violation of any third-party rights.
15. DISPUTE RESOLUTION & GOVERNING LAW
15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
15.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact us at themakeupdistro@gmail.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within 30 days of receipt.
15.3 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are incorporated by reference. The arbitration shall be conducted in San Antonio, Texas, or remotely at your election.
YOU AND THE MAKEUP DISTRO™ EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION.
15.4 Exceptions
Notwithstanding the above, either party may pursue injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm, without waiving the right to arbitration for all other disputes.
15.5 Venue
For any matters not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Bexar County, Texas.
16. PRIVACY
Your privacy is important to us. Our Privacy Policy, available at www.themakeupdistro.com/privacy-policy, describes how we collect, use, store, and protect your personal information. By using the Site, you consent to our data practices as described in the Privacy Policy.
17. THIRD-PARTY LINKS & SERVICES
The Site may contain links to third-party websites, services, or applications. These links are provided for convenience only. The Makeup Distro™ does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party sites. Your use of third-party sites is at your own risk and subject to their applicable terms.
18. MODIFICATIONS TO TERMS
We reserve the right to update or modify these Terms at any time in our sole discretion. When material changes are made, we will update the "Last Updated" date at the top of this document. We may also provide notice via email or a banner on the Site for significant changes.
Your continued use of the Site or Services following the posting of any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
19. SEVERABILITY & WAIVER
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
20. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and The Makeup Distro™ with respect to the subject matter herein and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written.
21. CONTACT INFORMATION
For questions, concerns, or formal notices under these Terms, please contact us at:
The Makeup Distro™
Email: themakeupdistro@gmail.com
Website: www.themakeupdistro.com
Jurisdiction: San Antonio, Texas, United States