Armstrong McCall of North Texas (“AmcoNTX”) established these Terms of Use for them website www.amcontx.com (“Site”). By using this Site, you agree to be bound by the Terms of Use, including our Privacy Policy. Any unauthorized use of this Site or its content is prohibited. If you do not agree with any of these Terms of Use, do not use this Site.

You are responsible for regularly reviewing the Terms of Use. AmcoNTX 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.

By accessing this Site, you agree to be bound by all applicable laws and regulations (including export and re-export control laws), and that you alone are responsible for compliance with any applicable local laws. You shall not access or use this Site from territories where its contents or use are illegal, restricted or prohibited by law.

AmcoNTX produces this Site. The content of this Site is protected under applicable copyright and trademark laws, including 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 to you 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.
The above license automatically terminates if you violate any of these restrictions, and it may be terminated by AmcoNTX at any time, in its sole discretion, for any or no reason. 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.

Because of the possibility of human and mechanical error as well as other factors, AmcoNTX is not responsible for any errors in or omissions from the information contained in or accessed through this Site. AmcoNTX does not warrant or represent that the information available on or through this Site will be correct, accurate, timely, or otherwise reliable. AmcoNTX 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.

AmcoNTX does not represent or warrant that this Site is or will be error-free, free of viruses or other harmful components, or that defects will be corrected.  AmcoNTX 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.
AMCONTX AND ITS OWNERS 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. AMCONTX AND ITS OWNERS 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.  AMCONTX AND ITS OWNERS AND AFFILIATES, AND THEIR RESPECTIVE MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (1) SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU OR ANY THIRD PARTY RELATED TO YOUR USE OF THIS SITE; (2)  SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE; AND (3) 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 RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT. THESE LIMITS ON LIABILITY APPLY EVEN IF AMCONTX AND ITS OWNERS AND AFFILIATES, AND/OR THEIR RESPECTIVE MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, AMCONTX AND ITS OWNERS AND AFFILIATES, AND THEIR RESPECTIVE MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES 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. AmcoNTX may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. AmcoNTX provides these links or references as a convenience only. AmcoNTX 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 AmcoNTX 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 AmcoNTX or its owners and affiliates.

As with this Site itself, in no event shall AmcoNTX, its owners and affiliates, and their respective managers, officers 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.

This site is intended for use by residents of the State of Texas. Personal information, data, material or other information that you post to this Site, email, fax, SMS text, mail or otherwise deliver to AmcoNTX (“Submitted Information”) will be processed and stored inside the United States. AmcoNTX is not responsible for your access or use of this Site from places outside the State of Texas.

You control the decision of whether or not to forward personal or other Submitted Information to AmcoNTX, subject to these Terms of Use and our Privacy Policy. Unless expressly agreed in a separate writing signed by an officer of AmcoNTX, any Submitted Information will be considered non-confidential and non-proprietary. AmcoNTX is entitled to treat Submitted Information as an authorized transmission from you and AmcoNTX reserves the right to use and reproduce Submitted Information for any purpose whatsoever (except as otherwise stated in our Privacy Policy). Except as expressly stated in our Privacy Policy, AmcoNTX 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 send AmcoNTX confidential or proprietary information. Unless expressly agreed in a separate writing signed by an officer of AmcoNTX, AmcoNTX does not want to receive confidential or proprietary information from you. All information and data you submit shall be deemed to be non-confidential and non-proprietary, and except as expressly set forth in our Privacy Policy, AmcoNTX 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 AmcoNTX with accurate, complete registration information. It is your responsibility to inform AmcoNTX 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. AmcoNTX does not encourage any other person using the registered sections under your name, and you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify AmcoNTX immediately. Notwithstanding this provision, AmcoNTX makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your name or other registration information.

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

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

AmcoNTX may invite you to participate in online surveys, rewards programs, educational events, marketing email lists or to otherwise give us personal information. Unless otherwise stated, your participation is voluntary. See our Privacy Policy for additional information regarding our information collection and disclosure practices.

From time to time, AmcoNTX 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 in connection with each promotion. 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 an AmcoNTX designated representative, linking to the Site is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this Site on another Web site, provided that (1) the link must be a text-only link clearly marked “Armstrong McCall of North Texas Home Page”, and pointing to this Site’s home page www.amcontx.com; 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 the Armstrong McCall 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 AmcoNTX or Armstrong McCall (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) AmcoNTX 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 AmcoNTX 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 AmcoNTX. If you wish to provide links to a section within the Site, you should forward your request to AmcoNTX 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 AmcoNTX.

Trademarks, service marks, logos and graphics (the “Trademarks”) appearing on this Site are registered and unregistered trademarks of Armstrong McCall, LP, or of one of its related entities, or of a third party with whom AmcoNTX 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. Images on this site are used under license to AmcoNTX.  If you are unsure whether a trademark, service mark, logo, graphic or image is the property of or under a license to AmcoNTX, or if you have any questions about the use of the Trademarks, please contact us at the email link below. Armstrong McCall, LP 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 AmcoNTX and/or the owner or licensee of the Trademarks.

AmcoNTX 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.amcontx.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by AmcoNTX 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 AmcoNTX’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 us in writing at the email address below marked Attention: General Counsel.

.l.040Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to BSG 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 AmcoNTX 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 Dallas County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

AmcoNTX 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. AmcoNTX reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action AmcoNTX 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 Policy, (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.
AmcoNTX 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 AmcoNTX will aggressively enforce its rights to the fullest extent of the law, including, without limitation, seeking criminal prosecution.

These Terms of Use were last updated on August 30, 2018.