ULTA

 

User Agreement

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). ULTA.COM PROVIDES ITS SERVICES TO YOU (THE "CUSTOMER") SUBJECT TO THE FOLLOWING USER AGREEMENT (THE "AGREEMENT"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

 

Who We Are

As used in this agreement, and on this site, "ULTA.com, ULTA, Site, We" refers to the ULTA Salon, Cosmetics & Fragrance, Inc. The ULTA Salon, Cosmetics & Fragrance, Inc. Home Office is located at 1000 Remington Blvd., Ste. 120, Bolingbrook, IL 60440. All content held on this website is the exclusive property of ULTA Salon, Cosmetics & Fragrance, Inc.

 

Changes to These Terms of Use

ULTA.com reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. ULTA.com also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.

 

Grant of Use

Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of ULTA.com, is strictly prohibited.

 

Purpose of Sales

All sales of products by ULTA.com are limited to personal use and may not, without the express prior written approval of ULTA.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

 

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of ULTA.com, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of ULTA.com or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties.

 

Trademarks

All trademarks, service marks and trade names used on the Site (collectively the "Marks") are proprietary to ULTA.com or other respective owners that have granted ULTA.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of ULTA.com, or that is likely to cause confusion among customers, or that in any manner disparages or discredits ULTA.com or the other respective owners of the Marks.

 

Privacy Policy

ULTA.com protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.

 

Colors/Satisfaction Policy/Returns

ULTA.com has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. ULTA.com does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them to our warehouse or any of our stores (according to the return instructions provided). We will give you the choice between a credit card refund for warehouse returns and store credit, available only for store returns ( click here for our store locations). As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective.

 

Disclaimer - Beauty Products

ULTA.com sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.

ULTA.com will endeavor to provide to Customers all required product labeling information; however, ULTA.com is not the manufacturer of the Beauty Products, therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, ULTA.com may rely upon advice from the manufacturers and from licensed beauticians, but Customers seeking advice from this Site shall be responsible for fully informing ULTA.com of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the beauty counselor providing such advice. Since ULTA.com is not the manufacturer of the products it sells, ULTA.com does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. ULTA.com will, upon request, endeavor to identify the manufacturer of the product and provide to the Customer contact information for the manufacturer.

 

General Disclaimer - All Products

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTA.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ULTA.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ULTA.COM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.

ALL MATERIALS AND INFORMATION PRESENTED BY ULTA.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT ULTA.COM.

In providing product information to its customers, ULTA.com relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

 

Limitations on Liability

IN NO EVENT SHALL ULTA.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO ULTA.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF ULTA.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST ULTA.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Order Acceptance/Shipping Terms/Refunds

Acceptance of all orders by ULTA.com occurs only upon shipment from ULTA.com's distribution center in Romeoville, Illinois. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. ULTA.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, ULTA.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site (whether at a store or to the ULTA.com Returns Department), ULTA.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and ULTA.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.

 

Online Conduct

Any conduct by a person that in ULTA.com's sole discretion restricts or inhibits any other person from using or enjoying ULTA.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through ULTA.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

 

User Comments, Feedback, Posts, and Other Submissions

You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means Content that:

  • is threatening, defamatory, hateful, harassing, abusive, or obscene;
  • violates the right of privacy or right to publicity;
  • is false, deceptive, or otherwise misleading;
  • infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
  • contains any software virus or other malware;
  • includes any commercial or political solicitation;
  • violates any local, state, or federal law or regulation;
  • impersonates another person or entity;
  • includes any advertisement, pyramid scheme, or other "spam;" and/or
  • is otherwise objectionable or non-family-friendly as determined by ULTA in its sole discretion.

Although ULTA cannot monitor all Comments, ULTA reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify ULTA for all claims resulting from any such Comments. ULTA has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

Ulta does not claim ownership of any Comment. However, you agree that Ulta is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Ulta's (and its successors' and assigns)' business. You grant ULTA a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant ULTA the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.

You represent and warrant that:

  • you own or otherwise control all of the rights to any Comment;
  • use of any Comment supplied by you will not violate this Agreement; and
  • the Comment will not cause injury to any person or entity.

ULTA takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.

 

Copyright Complaints

ULTA respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.

 

NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGMENT CLAIMS

ULTA's policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to ULTA's Copyright Agent (listed below).

Please provide the following information in your notification:

  • (1) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  • (2) A description of the copyrighted work(s) that you claim has been infringed;
  • (3) A description of the location on the Site of the material that you claim to be infringing;
  • (4) Your address, telephone number, and email address;
  • (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; and
  • (6) A statement by you, made under penalty of perjury, that the information in your notification to ULTA is accurate and that you are authorized to act on behalf of the copyright owner.

ULTA's Copyright Agent can be reached as follows:

Mail:

  • Pamela Gutrich
  • Corporate Paralegal
  • Ulta, Inc.
  • 1000 Remington Blvd; Suite 120
  • Bolingbrook, IL 60440
  • 630-410-5143

Email: pgutrich@ulta.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, ULTA's policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.

If a notice of copyright infringement has been filed against you, you may file a counter notification with ULTA's Copyright Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to ULTA's Copyright Agent that includes the following:

  1. Your physical or electronic signature;
  2. A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your name, address, telephone number, and email address; and
  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, ULTA may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in ULTA's sole discretion.

 

Termination of Usage

ULTA.com may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of ULTA.com, without notice, for any conduct that ULTA.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or ULTA.com.

 

Outside Sites and Linking

The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). ULTA.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.

ULTA.com permits certain third party links to the home page of its site, provided that ULTA.com is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the ULTA.com home page without the prior written consent of ULTA.com and ULTA.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.

 

Governing Law/New York Jurisdiction/Jury Trial Waiver

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF NEW YORK, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH ULTA.COM AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.

 

Severability

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

 

Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

 

Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between ULTA.com and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by ULTA.com without need of further notice and shall not be part of this Agreement or in any way binding upon ULTA.com.

 

Acceptance Of This Agreement And Of Amendments And Modifications Thereof

Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by ULTA.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by ULTA.com sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.

 

Our Address and Contact Information Relating to the Terms of this Agreement

If you have any questions regarding the terms of this Agreement, you should contact ULTA as follows:

By Mail:

Legal Department
ULTA Salon, Cosmetics & Fragrance Inc.
1000 Remington Boulevard
Suite 120
Bolingbrook, Illinois - 60440
Attn: General Counsel