Terms and conditions | Éclat Elevé

Terms and Conditions

Ms Kims Beauty LLC

Effective Date: June 15, 2017

1. Introduction

Welcome to mkbellc.com (the "Site"). These Terms and Conditions ("Terms") govern your access to and use of the Site, as well as your registration for and participation in any course, class, or service offered by Ms Kims Beauty LLC ("Company," "we," "us," or "our"). By accessing the Site, registering for a course, or otherwise using our services, you agree to be bound by these Terms, including any updates or changes we may make in the future. If you do not agree with any part of these Terms, please do not use the Site or our services.

2. Eligibility

Our courses and services are open to licensed beauty professionals, students, and members of the public where applicable. You are responsible for confirming your own eligibility to participate, including compliance with any applicable Maryland State Board requirements.

3. Payment & Registration

All payments must be completed in full prior to the start of a course or service. Unless otherwise stated in writing, payments are non-refundable. Refunds may be considered on a case-by-case basis for documented emergencies, at the sole discretion of Ms Kims Beauty LLC. You are responsible for ensuring the accuracy of your registration and contact information, including the mobile phone number provided for text message communications described in Section 14.

4. Attendance & Certification

Full attendance is required to receive certification or continuing education (CE) credit. Online participants must maintain an active presence, including keeping cameras on where required by the instructor. Certificates will be emailed within 14 business days after verified attendance and course completion.

5. Participant Conduct

All participants are expected to conduct themselves professionally and respectfully during both in-person and online sessions. Disruptive, abusive, or unsafe behavior may result in removal from a course or service without refund.

6. Cookies

The Site uses cookies to help personalize your online experience. By using mkbellc.com, you agree to our use of required cookies as described in this section.

A cookie is a small text file placed on your device by a web page server. Cookies cannot run programs or deliver viruses to your device, and are uniquely assigned to you. A cookie can only be read by a web server in the domain that issued it to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes related to operating the Site. You may accept or decline optional cookies. Some cookies are required for the Site to function and do not require your consent, as they always operate. Please note that accepting required cookies may also result in the use of certain third-party cookies, which may be used by third-party services integrated into the Site, such as an embedded video player.

7. Intellectual Property & License

Unless otherwise stated, Ms Kims Beauty LLC and/or its licensors own the intellectual property rights for all material on mkbellc.com, as well as all training materials we provide, including slides, handouts, documents, videos, and recordings. All such rights are reserved.

You may access content on mkbellc.com for your own personal, non-commercial use, subject to the restrictions in these Terms. You must not:

Copy or republish material from mkbellc.com or our training materials
Sell, rent, or sub-license any material from mkbellc.com or our training materials
Reproduce, duplicate, or copy any such material
Redistribute content from mkbellc.com or our training materials

Any use of these materials beyond your own personal use, or for any commercial purpose, requires our prior written permission. This Agreement begins on the Effective Date set out above.

8. User Comments

Certain areas of mkbellc.com may allow users to post and exchange comments, opinions, and information. Ms Kims Beauty LLC does not filter, edit, publish, or review Comments before they appear on the Site. Comments reflect the views and opinions of the person who posts them and do not reflect the views or opinions of Ms Kims Beauty LLC, its agents, or its affiliates. To the extent permitted by applicable law, Ms Kims Beauty LLC will not be liable for the Comments or for any liability, damages, or expenses caused or suffered as a result of any use of, posting of, or appearance of Comments on the Site.

Ms Kims Beauty LLC reserves the right to monitor all Comments and to remove any Comment that it considers inappropriate, offensive, or in breach of these Terms.

By posting a Comment, you warrant and represent that:

You are entitled to post the Comment and have all necessary licenses and consents to do so
The Comment does not invade any intellectual property right, including without limitation copyright, patent, or trademark, of any third party
The Comment does not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, or material that is an invasion of privacy
The Comment will not be used to solicit or promote business, custom, commercial activity, or unlawful activity

You hereby grant Ms Kims Beauty LLC a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

9. Hyperlinking to Our Content

The following organizations may link to the Site without our prior written approval:

Government agencies
Search engines
News organizations
Online directory distributors, in the same manner as they hyperlink to the websites of other listed businesses
System-wide accredited businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups

These organizations may link to our home page, publications, or other Site information, provided the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from organizations such as commonly-known consumer and/or business information sources, dot-com community sites, associations or other groups representing charities, online directory distributors, internet portals, accounting, law, and consulting firms, and educational institutions and trade associations. We will approve such requests if, in our judgment: (a) the link would not reflect unfavorably on us or our accredited businesses; (b) the organization has no negative record with us; (c) the visibility of the hyperlink offers us sufficient benefit; and (d) the link is presented in the context of general resource information.

If your organization is interested in linking to our Site, please email us at the address in Section 16 (Contact Information) with your name, organization name, contact information, the URL of your site, a list of URLs from which you intend to link to our Site, and a list of URLs on our Site to which you would like to link. Please allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Site by: (a) use of our corporate name; (b) use of the uniform resource locator being linked to; or (c) use of any other description of our Site that makes sense within the context and format of content on the linking party's site. No use of Ms Kims Beauty LLC's logo or other artwork will be permitted for linking absent a separate trademark license agreement.

10. Content Liability & Removal of Links

We shall not be held responsible for content that appears on any website that links to our Site. You agree to protect and defend us against all claims raised on your website. No link should appear on any website that may be interpreted as libelous, obscene, or criminal, or that infringes, otherwise violates, or advocates the infringement or violation of any third-party rights.

We reserve the right to request that you remove any or all links to our Site, and you agree to remove such links immediately upon request. We also reserve the right to amend these Terms and our linking policy at any time. By continuing to link to our Site, you agree to be bound by and follow these linking terms and conditions.

If you find a link on our Site that you believe is offensive, you may contact us at any time. We will consider requests to remove links but are not obligated to do so or to respond directly.

11. Website Disclaimer

We do not warrant that the information on the Site is complete, accurate, or up to date, and we do not promise that the Site will remain available at all times. To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to the Site and your use of it. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury
Limit or exclude our or your liability for fraud or fraudulent misrepresentation
Limit any of our or your liabilities in any way that is not permitted under applicable law
Exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and exclusions of liability in this section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms, including liabilities arising in contract, in tort, and for breach of statutory duty. To the extent that information and content on the Site are provided free of charge, we will not be liable for any loss or damage of any nature arising from your use of such free content.

12. Limitation of Liability for Courses & Services

Ms Kims Beauty LLC is not liable for any direct, indirect, incidental, or consequential damages resulting from your use of, or inability to use, our training content, courses, or services, including delays or interruptions caused by external systems, platforms, or text messaging carriers.

13. Modifications to Service

We reserve the right to change course offerings, schedules, instructors, pricing, or content at any time. Significant changes will be communicated in advance where possible, including by email or text message if you have opted in to receive such communications.

14. Text Messaging (SMS) Communications

By providing your mobile phone number to Ms Kims Beauty LLC and opting in (for example, by checking a consent box during registration, submitting an online form, or replying to one of our messages), you agree to receive text messages from us, which may include:

Appointment, class, and registration reminders
Confirmations related to payments, scheduling, or course updates
Notices about schedule changes, cancellations, or location updates
Promotional offers, announcements, and marketing messages (only if you have separately opted in to marketing texts)

Consent & Message Frequency

Message frequency varies depending on your registrations, appointments, and communication preferences. Consent to receive text messages is not a condition of purchasing any course, class, or service.

Message and Data Rates

Message and data rates may apply based on your mobile carrier and plan. Ms Kims Beauty LLC is not responsible for any charges assessed by your wireless carrier.

How to Opt Out

You may opt out of receiving text messages from us at any time by replying STOP to any message. After you reply STOP, we will send a one-time confirmation message and will not send you further text messages unless you opt in again. You may continue to receive non-promotional messages related to a course you are currently registered for if such messages are necessary to deliver the service.

Help

Reply HELP to any text message for assistance, or contact us using the information in Section 16 (Contact Information) below.

Carrier Liability

Carriers are not liable for delayed or undelivered messages. Supported carriers include, but are not limited to, major U.S. wireless carriers; coverage and reliability may vary by carrier and location.

No Sharing of Mobile Information

Text messaging originator opt-in data and consent will not be shared with any third parties or affiliates for marketing purposes. Please see our Privacy Policy for more information about how we handle this information.

15. Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the appropriate courts located in Maryland.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: