Mary Kay Ash Foundation Web Site Terms & Conditions

Last Updated: October 15, 2021

Welcome to Mary Kay Ash Foundation’s (“Mary Kay Ash Foundation,” “us,” or “we”) Web site. These terms and conditions (“Terms & Conditions”) set forth the legally binding terms for any Web site or ‎application, as well as any features, ‎widgets, ‎plug-ins, content, downloads or other services that ‎are offered by Mary Kay Ash Foundation and that post a link to this page (collectively, the “Site”). These Terms & Conditions will apply ‎regardless of how you access ‎or ‎use the Site, whether it be via computer, tablet, mobile device, ‎or otherwise.

Please read the Terms & Conditions carefully before you use the Site. BY ACCESSING, BROWSING AND/OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS, INCLUDING THE PRIVACY POLICY, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms & Conditions, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms & Conditions because they are electronically transmitted or authorized.

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter ‎into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ‎Terms & Conditions, and to abide by and comply with these Terms & Conditions. The Site is not intended for children under the age ‎of eighteen (18) and does not intend to collect any personal data from individual users under 13 ‎years of age without express parental consent. If you are under 18 years of age, then please exit now ‎and do not use this Site.

‎We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Ownership of Site Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Site and all videos, publications, documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the intellectual property laws of the United States and other jurisdictions. All Site Content is owned by (or licensed to) Mary Kay Ash Foundation. Except as permitted herein, Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content.

Mary Kay Ash Foundation Trademarks

The Mary Kay Ash Foundation trademarks, including the trademarks “Mary Kay Ash Foundation,” “MK5K,” the logo, all page headers, graphics, images, symbols, trade names and other marks of Mary Kay Ash Foundation found at the Site are the proprietary property of Mary Kay Ash Foundation (collectively the “Marks”). Mary Kay Ash Foundation’s logo and “MK5K” are registered trademarks of Mary Kay Ash Foundation. Use of the Marks is strictly prohibited without the prior written consent of Mary Kay Ash Foundation.

Any use of the Marks in any manner to express or imply endorsement, sponsorship, affiliation, or association of the user with or by Mary Kay Ash Foundation, is strictly prohibited. You may establish a hypertext link to the Site from your Web site, so long as the page containing the link properly attributes the linked site to Mary Kay Ash Foundation, does not use our logo, and does not state or imply any sponsorship of your Web site by Mary Kay Ash Foundation. We may revoke this permission at any time. Without the prior written consent of Mary Kay Ash Foundation, you may not create a link to this Site that incorporates or relies upon, in whole or in part, any content from any page on the Site, or that incorporates any copyrighted or other intellectual property of Mary Kay Ash Foundation. Mary Kay Ash Foundation respects the intellectual property of others. If you believe that our Site infringes your intellectual property, please contact us at: 1-877-MKCARES or mkcares@marykayfoundation.org.

Third Party Trademarks

Third party trademarks may appear on the Site from time to time. You may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these third-party trademarks, nor may anything be construed to mean that Mary Kay Ash Foundation has authority to grant any right or license on behalf of any third-party trademark owner.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Mary Kay Ash Foundation, an employee of Mary Kay Ash Foundation, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Site or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use Site Content in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Attempt to interfere with the proper working of the Site.

Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Warranty & Disclaimer

THE SITE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. MARY KAY ASH FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SITE CONTENT IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MARY KAY ASH FOUNDATION DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. IN NO EVENT SHALL MARY KAY ASH FOUNDATION OR ITS AFFILIATES, AND EACH’S RESPECTIVE OFFICERS, GOVERNORS, EMPLOYEES, AGENTS OR RELATED ENTITIES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE, BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Documents, information, graphics and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

Indemnification and Limitation of Liability

You shall indemnify, defend and hold harmless Mary Kay Ash Foundation and its affiliates, officers, governors, employees, attorneys and agents, from and against any and all damages, claims and actions resulting from your use of the Site, your breach of these Terms & Conditions, or the infringement by you of any intellectual property rights or other proprietary rights of any person or entity.

In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no event will Mary Kay Ash Foundation’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you related to your use of the Site or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, or (b) $100.

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “Mary Kay Foundation Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of Mary Kay Ash Foundation Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption.

If you are a consumer, the provisions in these Terms & Conditions are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state of residence. Certain jurisdictions have ‎heightened consumer ‎protection laws that may make certain portions of these Terms & Conditions ‎inapplicable ‎to you. For example, if you are a New Jersey consumer, certain ‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. The provisions in these Terms & Conditions are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of your jurisdiction. No ‎provision of ‎these Terms & Conditions shall limit or waive your rights as a ‎consumer under the law of your state of residence. ‎In any event, Mary Kay Ash Foundation reserves ‎all rights, defenses and permissible limitations under the law of your ‎state or country of ‎residence.

Modifications to Terms & Conditions

Mary Kay Ash Foundation, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms & Conditions, and, from time to time, to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms & Conditions as “Additional Terms”) will be effective immediately and incorporated into these Terms & Conditions upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will indicate your acceptance of any and all such Additional Terms.

Links to Other Sites

Mary Kay Ash Foundation is not responsible for the contents of any linked Web site that may be contained on our Site, any link contained in a linked Web site, or any changes or updates to such Web sites. The inclusion of any link does not imply endorsement by Mary Kay Ash Foundation of that Web site and is provided only for informational purposes. Your linking to any linked Web sites is at your own risk. We encourage you to read the terms and ‎conditions and privacy policies of the respective linked Web sites should you choose to visit them, since ‎your use of those linked Web sites will be subject to their terms of use and privacy policies.‎

Waiver

Mary Kay Ash Foundation’s failure to enforce strict performance of any provision of these Terms & Conditions will not constitute a waiver of Mary Kay Ash Foundation’s right to subsequently enforce such a provision or any other provision of this Agreement, and no delay or omission on the part of Mary Kay Ash Foundation to exercise or take advantage of any right or remedy that Mary Kay Ash Foundation has or may have hereunder will operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of these Terms & Conditions shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Jurisdiction

This Site is controlled by Mary Kay Ash Foundation, which is headquartered in the State of Texas, United States of America. By accessing this Site both you and Mary Kay Ash Foundation agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the Site Content or information contained herein. You and Mary Kay Ash Foundation also agree and hereby submit to the exclusive, personal jurisdiction and venue of state and federal courts residing in Dallas County, Texas, and waive any jurisdictional or venue defenses otherwise available.

Geographic Limitations

Mary Kay Ash Foundation controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms & Conditions, and to take any other action we deem appropriate.

Provisions relating to Site Content, Trademarks, Warranty & Disclaimer, Limitations of Liability, Indemnification, Waiver, Modifications, and Jurisdiction, shall survive any termination.

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms & Conditions at any time.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: mkcares@marykayfoundation.org.