OPI - Terms of Use

1. Terms of Use

Users of The OPI Products, Inc. web site (the "Site") shall not access the Site from territories where its contents are illegal.
By accessing the Site, user agrees to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws) and agree that you are responsible for compliance with any applicable local laws.
If user does not agree with any of these terms, do not use the Site. The terms of this Site and any claims relating to this Site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Permission is granted to temporarily download one copy of the materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a 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 or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the 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.

This license shall automatically terminate if user violates any of these restrictions and may be terminated by OPI Products, Inc. at any time. Upon terminating user viewing of these materials or upon the termination of this license, user must destroy any downloaded materials in user possession whether in electronic or printed format.

OPI Products, Inc. may revise any terms on this Site at any time without notice.
By using the Site, user is agreeing to be bound by the then current version of these Terms of Use.

2. Disclaimer of Liability/No Representations or Warranties Statement

Disclaimer of Liability

Because of the possibility of human and mechanical error as well as other factors, OPI Products, Inc. is not responsible for any errors in or omissions from the information contained in or accessed through this Site.
ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OPI Products, Inc. AND ITS AFFILIATES MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, OPI Products, Inc. AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY.

OPI Products, Inc. shall under no circumstance be liable to user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental or punitive damages whatsoever, even if OPI Products, Inc. has been advised of the possibility of such damages.

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, which 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.

3. Disclaimer Regarding Links to Third-Party Sites

Disclaimer of Links

Links are provided as a convenience to sites with which OPI Products, Inc. may or may not have a relationship.
Any reference to a hypertext link obtained from this Site, to a specific product, process, salon web site or service does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between OPI Products, Inc. and anything found at such hypertext link, including, but not limited to, any organization, product, process, service or other information. Furthermore, user’s linking to another site is entirely at your own risk.
OPI Products, Inc. is willing to immediately remove any hypertext link upon written request by the owner of the site to which this link references. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of OPI Products, Inc. .

4. Statement Regarding Submissions to the Web Site

User Submissions

Any information, data, material or other information you transmit or post to this Site ("Submitted Information") will be considered non-confidential and non-proprietary. OPI Products, Inc. will have no obligations with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes.
User may not transmit or post anything to this Site that is unlawful, threatening, pornographic, libelous, defamatory, or that would otherwise violate any law.

5. Diversion Statement

Diversion Statement

OPI Products, Inc. actively fights against businesses or individuals diverting OPI Products, Inc. 's products from authorized lines of distribution and sale. Since OPI Products, Inc. 's products are specialized treatments, OPI Products, Inc. takes special precautions to ensure that our professional-use products are only used under the supervision of trained professionals. As indicated on the product packaging, OPI Products, Inc. products are "for professional use only." Thus, diversion ultimately hurts user, the consumer, by depriving user of the professional care and advice that are necessary to enjoy the full benefits of OPI Products, Inc. 's professional-use products.

OPI Products, Inc. does not authorize its distributors or others to sell OPI Products, Inc. products to anyone but licensed cosmetologists and salons. OPI Products, Inc. 's efforts to fight diversion include the following:

Including in its agreements with OPI Products, Inc. distributors a requirement for them to buy back any diverted product that OPI Products, Inc. traces to distributors.
Analyzing alternate coding systems to help trace diverted product.
Supporting BBSI anti-diversion legislation.
Pursuing leads that we receive from people like users who report unauthorized sale of OPI Products, Inc. 's product.

If the user of this Site is a distributor of OPI Products, Inc. products, such distributor must abide by all of its anti-diversion obligations in any distributor or other agreements with OPI Products, Inc. in addition to the obligations set forth in this Site.

The only products obtainable from this site are trial samples which may be used and purchased by individuals who may or may not hold a cosmetology license.
Any products that user obtain from this Site are trial samples intended for your personal use only.
Such products may not be resold.

User can help OPI Products, Inc. to fight diversion and help ensure that you receive the full benefits of OPI Products, Inc. 's high quality products. If you become aware of any OPI Products, Inc. products sold through anyone other than licensed cosmetologists or salons or trial samples from this Site, please contact OPI Products, Inc. at diversion@opi.com and report such instances of diversion. When reporting diversion, please provide (1) user name, (2) the name of the store in which user saw the diverted product or the person reselling a product from this Site, (3) the address or location of the store or person, and (4) the products that user saw diverted or resold from this Site.

Thank you for helping OPI Products, Inc. to fight diversion.

6. Privacy Policy (Effective Date September 1, 2004)

OPI Products, Inc. is committed to providing appropriate protection for personal information that is collected from customers and visitors to this Site. This Privacy Statement describes our general principles for the collection and use of personal information.

IP Addresses

This Site collects and uses IP addresses to help diagnose problems with OPI Products, Inc. servers and to administer OPI Products, Inc. web sites. On this Site's store pages, user IP address is also used to help identify user and user shopping cart and to gather broad demographic information.

Cookies are small bits of text that can be placed by OPI Products, Inc. web servers into a file on user computer's hard drive.
If user does not wish to accept cookies on to user’s hard drive, please check the instructions on your browser.

Personal Information Collected From Site Visitors

OPI Products, Inc. site offers customers the ability to purchase trial samples online. In order to complete the order process, user must complete various order forms. Through these forms we collect contact information (such as name, address, email address and telephone numbers) as well as financial information (such as account or credit card numbers).

The information collected during the online shopping process is used to process user order and to facilitate user relationship with OPI Products, Inc.. Financial information collected from user is used only to bill user for the products that user have requested. Contact information from the order form is used to process user order, such as emailing user with questions that OPI Products, Inc. may have about user order. We may also use user contact information to send to user information about other OPI Products, Inc. products and services as well as promotional material that may be of interest to user from some of OPI Products, Inc. affiliated companies. If user does not want to receive these promotional announcements, user may opt-out by clicking here to request deletion of user name from OPI Products, Inc. mailing lists.

OPI Products, Inc. may invite user to participate in online surveys. Participation is never required. If user choose to participate, user may be asked to disclose contact information as well as demographic information (such as zip code, age, or income level) and information about user knowledge of and satisfaction with OPI Products, Inc. and OPI Products, Inc. products. OPI Products, Inc. analyzes the survey data to better understand OPI Products, Inc. customer's needs and preferences and to improve OPI Products, Inc. products and services. Demographic and profile data is generally used to help tailor this Site's content, and it may be shared with other affiliated companies on an aggregate basis. We may also use contact data from OPI Products, Inc. surveys to send user information about OPI Products, Inc. products and services as well as promotional materials from some of OPI Products, Inc. affiliated companies. If user does not want to receive these promotional announcements, user may opt-out by clicking here to request deletion of user name from OPI Products, Inc. mailing lists.

Finally, user may be asked to disclose personal information to OPI Products, Inc. so that we can provide assistance and information to user. For example, we may collect personal information from user (such as an email address, system information and problem descriptions) in order to provide online technical support and troubleshooting. We may also offer user the opportunity to sign up for email newsletters. We will only share email lists with affiliated OPI Products, Inc. companies.

If user does not want to receive emails from OPI Products, Inc. (for example OPI Products, Inc. newsletters or product announcements), user may request that OPI Products, Inc. remove user email address from OPI Products, Inc. mailing list at any time by clicking here to request deletion of user name from OPI Products, Inc. mailing lists.

Public Forums

This Site will make a chat room available to user. Please remember that any information that is disclosed in the chat room becomes public information and user should exercise caution when disclosing personal information in the chat room. Similarly, user should not disclose any information in OPI Products, Inc. chat room, which user or user’s company might consider confidential.

Links to Other Companies' Sites

Our Site may contains links to other web sites of entities that are not necessarily affiliates of OPI Products, Inc. Intl. OPI Products, Inc. is not responsible for the privacy practices or the content of such web sites.

Requests for Review or Correction of Personally Identifiable Information

If user desires to review or request changes to his or her personal information, user may submit a request for such review or to make such changes by contacting OPI Products, Inc. using the email address or mail address listed under the “Contacting OPI Products, Inc.” heading.

Notice Regarding Material Changes to this Privacy Policy

Notice regarding material changes to this privacy policy will be made by changes to the effective date identified in the heading of this Privacy Policy.

Contacting OPI Products, Inc.

If you have any questions about OPI Products, Inc. 's Privacy Statement, please write or email us at legal@opi.com
or at:

OPI Products, Inc. Corporation,
Attn. Legal Department,
13034 Saticoy Street,
North Hollywood, CA 91605.

7. Copyright/Trademark Statement/Restriction on Use of Content from the Site

The works of authorship contained in this Site in the domain www.OPI.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by OPI Products, Inc. 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 OPI Products, Inc. '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.

Linking Restrictions

User 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 " OPI Products, Inc. Home Page," and pointing to OPI Products, Inc. 's home page. Any links pointing to subsections of the 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 OPI Products, Inc. 's name and trademarks, (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 OPI Products, Inc., (4) the link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked web site, and (5) OPI Products, Inc. reserves the right to revoke its consent to the link at any time in its sole discretion.

8. Trademarks

The trademarks, service marks, logos and graphics (the "Trademarks") appearing on this Site are, unless otherwise stated, registered and unregistered Trademarks of OPI Products, Inc. or one of its related entities.

Other product names used in this publication are for identification purposes only and may be 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 OPI Products, Inc. 's Trademarks or linking to this Site must follow the terms set out in our Linking Restrictions section above.

If user are unsure whether a trademark, service mark, logo or graphic not on the list is the property of OPI Products, Inc. or if you have any questions about the use of OPI Products, Inc. 's Trademarks please contact legal@opi.com. OPI Products, Inc. vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.