Terms of Service
Welcome to marilynbrush.com. Marilyn Brush and/or its affiliates (“Marilyn Brush”) provide website features to you subject to the following conditions. If you visit or shop at marilynbrush.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Marilyn Brush service (e.g., Your Profile, Gift Cards, Post Reviews) you also will be subject to the guidelines, terms, and agreements (“Terms”) applicable to such service. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit marilynbrush.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Marilyn Brush or its content suppliers and is protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of Marilyn Brush and is protected by United States and International copyright laws. All software used on this site is the property of Marilyn Brush or its software suppliers and is protected by United States and International copyright laws.
Marilyn Brush, marilynbrush.com, and other marilynbrush.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Marilyn Brush in the U.S. and/or other countries. Marilyn Brush trademarks and trade dress may not be used in connection with any product or service that is not Marilyn Brush's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Marilyn Brush. All other trademarks not owned by Marilyn Brush that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Marilyn Brush.
License and Site Access
Marilyn Brush grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Marilyn Brush. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Marilyn Brush. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Marilyn Brush without express written consent. You may not use any meta tags or any other “hidden text” utilizing Marilyn Brush name or trademarks without the express written consent of Marilyn Brush. Any unauthorized use terminates the permission or license granted by Marilyn Brush. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of marilynbrush.com so long as the link does not portray Marilyn Brush, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Marilyn Brush logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Marilyn Brush does sell products children may use, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use marilynbrush.com only with involvement of a parent or guardian. Marilyn Brush reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, send gift cards, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Marilyn Brush reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Marilyn Brush a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Marilyn Brush and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Marilyn Brush for all claims resulting from content you supply. Marilyn Brush has the right but not the obligation to monitor and edit or remove any activity or content. Marilyn Brush takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Marilyn Brush are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Marilyn Brush attempts to be as accurate as possible. However, Marilyn Brush does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Marilyn Brush itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Marilyn Brush, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, products (including software), and services included on or otherwise made available to you through this site are provided by Marilyn Brush on an “as is” and “as available” basis unless otherwise specified in writing. Marilyn Brush makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software), or services included on or otherwise made available to you through this site unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Marilyn Brush disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Marilyn Brush does not warrant that this site; information, content, materials, products (including software), or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Marilyn Brush are free of viruses or other harmful components. Marilyn Brush will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software), or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting marilynbrush.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Marilyn Brush.
Site Policies, Modification, and Severability