Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING WEBSITES, FEATURES OR SERVICES ON THE WEBSITES PRESENTED BY MARY KAY INC., INCUDING WWW.MARYKAY.COM, MARY KAY INTOUCH, MARY KAY’S MOBILE SITES AND APPLICATIONS, PLATFORMS, TOOLS, AND OUR OTHER APPLICATIONS SUBJECT TO THESE TERMS (COLLECTIVELY, THE “SITES”) . BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE AND MARY KAY'S PRIVACY POLICIES. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR OUR PRIVACY POLICIES, YOU SHOULD NOT USE OUR SITES. MARY KAY INC. IS REFERRED TO IN THESE TERMS AS “MARY KAY”, “WE”, AND “US”.
GENERAL INFORMATION
Mary Kay is the manufacturer and supplier of cosmetics, fragrances and other beauty-related products to members of its independent sales force (each referred to as an “Independent Beauty Consultant” or “IBC”). Independent Beauty Consultants make the retail sale of Mary Kay® products to the end consumer (“Consumer”), which is the IBC’s customer.
Product Purchases. To purchase products from an IBC online, a Consumer will connect with an IBC through www.marykay.com either by entering her required zip code into the Consultant Connector or manually searching for a specific IBC. Once connected, the Consumer can purchase products from her respective IBC’s online Mary Kay shop.
If the Consumer chooses to purchase a product without specifically selecting an Independent Beauty Consultant, the Consumer understands that she will be randomly connected to an IBC to service and fulfill her order taking into consideration the location of both parties.
Regardless of how a Consumer chooses to place her order, the order will take place on an IBC’s personal website (“Mary Kay My Shop” or “My Shop”). When an order is placed through a Mary Kay My Shop page, Mary Kay only acts as an intermediary to facilitate the product purchase process between the Consumer and the Independent Beauty Consultant. The ultimate sale is between the Consumer and IBC. The Independent Beauty Consultant will provide the necessary follow-up and support in relation to the products and orders placed through their My Shop page. Upon completion of the purchase by the Consumer, Mary Kay, on behalf of the Independent Beauty Consultant, will notify the Consumer at the email address provided by the Consumer of the order confirmation for the products ordered (“Order”) and will send transactional communications notifying consumer of updates to his/her relevant Order.
The prices of the products offered to the Consumer on the Sites are expressed in dollars but exclude applicable sales tax and shipping costs which will be added to the total amount due at the time the Consumer checks out. Payments made at the time of checkout on an IBC’s My Shop page are made through a third-party payment processor (see “Payment Processing” section below) with whom Mary Kay has contracted to enable a consumer payment option.
The price shown will be the final price to be paid by the Consumer. Any price or promotion offered to a Consumer by an IBC other than what is published on marykay.com will be the responsibility of the IBC and only enforceable against that IBC.
Payment Processing. The Consumer shall make payment for his/her Order on an IBC’s My Shop page through the integrated third-party payment solution run by Stripe, Inc. (“Stripe”). Stripe will be responsible for all collections and, if applicable, refunds related to payments made through the Sites. Consumer data is protected in accordance with Stripe's privacy policies which can be found at https://stripe.com.
Shipping and Delivery. Mary Kay will facilitate the delivery of the Consumer’s order on behalf of the IBC using a third-party delivery service to the address indicated by the consumer at the time of checkout. Delivery addresses can be to any of the 50 states, Puerto Rico, Guam or the U.S. Virgin Islands. Mary Kay does not ship to P.O./APO/FPO Boxes. You will receive an email from Mary Kay confirming shipment of the order and containing tracking information. Unless otherwise covered by the IBC, the cost of shipping the Order will be the responsibility of the Consumer at the time of purchase and will be calculated based on the amount of the Order and any applicable promotion published by the Independent Beauty Consultant on her Mary Kay My Shop.
Passing of Risk and Ownership. The risk of loss and title to the products purchased through an IBC’s My Shop page passes to the Consumer upon delivery to the Carrier.
RETURNS AND EXCHANGES
If a product does not meet the Consumer’s expectations, they may take advantage of Mary Kay’s Satisfaction Guarantee. With valid proof of purchase and within one year of the original purchase date, the Consumer may request either an exchange for a comparable product of equal value or a refund of the purchase price. All orders are contingent upon product availability. To facilitate transactions between Independent Beauty Consultants and Consumers, Mary Kay will reserve the purchased product(s) in inventory until the order is shipped. In the event of supply issues or product unavailability, Mary Kay Inc. will issue a refund to the Consumer using the original method of payment. Contact the IBC to initiate a return or exchange. If you cannot reach your IBC or she is no longer active in her Mary Kay business, visit Mary Kay's Satisfaction Guarantee page for details on how to contact Mary Kay to return or exchange the product.
USE OF THE SITES
LICENSE. Mary Kay grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Sites and its content subject to these Terms and the restrictions below.
CONSUMER. In accordance with these Terms, you may use the Sites for your personal, noncommercial purposes to connect with an Independent Beauty Consultant, learn about Mary Kay, and Mary Kay® products, utilize services offered on the Sites, and shop for Mary Kay® products.
INDEPENDENT BEAUTY CONSULTANT. You may use the Sites for commercial purposes in accordance with the terms of your independent sales force agreement(s) with Mary Kay to connect with Consumers, promote and manage your Mary Kay business, and sell Mary Kay® products.
YOUR ACCOUNT
You may be required to register on our Sites to access certain services or functionalities on the Sites. To register, you must provide certain information, such as your name, email address, and password. You are responsible for making updates if any of your information changes. Your account is for your use only, and you are responsible for maintaining the security of your log-in information. You are responsible for all activities, orders, and content, including unauthorized activity associated with your account or password. You must provide accurate information about yourself in your account and may not use your account to impersonate another person, publish false or misleading information about Mary Kay or Mary Kay products, or feature information that violates the terms of your independent sales force agreement(s) with the Company. You may not transfer your account to any other person. You should never share your log-on information with a third-party, and should you suspect that any unauthorized party may be using your password or account, you will notify us immediately. Mary Kay will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by Mary Kay or a third party arising from someone else using your account. We reserve the right, in our sole discretion, to take any actions to ensure the security of the Sites and your account, including without limitation, resetting your password, terminating your account, or requesting additional information to verify actions taken under your account are valid.
OWNERSHIP
The Sites and all rights, title, and interest, including all related intellectual property rights therein, are and shall remain Mary Kay’s property or the property of Mary Kay’s licensors. These Terms are not a sale and do not convey or grant you any rights in or related to the Sites, or any intellectual property rights owned by Mary Kay or its licensors, except for the limited license granted herein.
PRIVACY
Your use of the Sites is subject to our Privacy Policies. Mary Kay processes your information according to these policies, which are amended from time to time and incorporated by reference into these Terms of Use.
AGE
Our Sites are intended for use by individuals age 18 and older. If you are between the ages of 14 and 18, you may only use our Sites under the supervision of a parent or guardian.
PRODUCTS
All content on the Sites provided by Mary Kay is intended for personal, informational purposes. We make reasonable efforts to be accurate, but we do not warrant that product descriptions or colors, photos, availability, or other content are accurate, complete, or error-free. It is our goal to accurately display the colors of products; however, the actual colors you see will depend on your device and its settings and may not be accurate. Price and availability information on the Sites is subject to change without notice, and the availability of the products and services described on the Sites may vary based on location and timing. Mary Kay shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Sites.
CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
Any contests, sweepstakes, or promotions listed on the Sites may be subject to terms and rules separate from these terms. We will inform you of such terms and you agree that if you participate in such offers, you will do so subject to those terms.
USER COMMUNICATIONS AND CONDUCT
You may have the opportunity to share or post comments, information, reviews, ideas, concepts, data, text, sound, photographs, video, comments, material, or other communication with us or on the Sites (“Communications”). You are responsible for your Communications and represent that you have the rights to your Communications and are not infringing or violating any third party’s rights by sharing or posting your Communications.
Subject to these terms and our Privacy Policies, your Communications will be treated as nonconfidential and nonproprietary and may be viewed by other users of the Sites. By sharing and posting your Communications to and through the Sites, you grant Mary Kay and its designated third parties a license to use your Communications, as well as the name and any identifying information that you post or otherwise make available with the Communications. Mary Kay does not claim ownership to your Communications, and you are responsible for protecting your rights in such Communications. You understand that we and/or our designees may disseminate or use your Communications for any purpose whatsoever including, but not limited to, developing and manufacturing products, services and content without any compensation, credit, or notice to you. You grant Mary Kay 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 Communication throughout the world in any media now known or hereafter developed. You agree not to assert any moral rights or rights of publicity against us for using your Communications. Mary Kay will have no obligations with respect to the Communications. Mary Kay and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial and noncommercial purposes.
Your Communications must comply with these Terms of Use, and you are prohibited from posting or transmitting any Communication to the Sites that:
- is unlawful, fraudulent, deceptive, misleading, harmful, threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, hateful, abusive, pornographic or profane;
- violates any law or regulation or could give rise to any civil or criminal liability under the law;
- infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any person or entity;
- interferes with or disrupt the sites, conducts website scraping or otherwise extracts any data from the Sites or other similar actions;
- contains any software virus, malware or damaging computer programs or files;
- impersonates another person or entity or falsely state or otherwise misrepresents your affiliation with a person or entity;
- includes any commercial or political solicitation or advertisement; or
- is otherwise objectionable as determined by Mary Kay in its sole discretion.
Mary Kay cannot monitor all Communications, but we reserve the right (but not the obligation), in our sole discretion, to remove or edit any Communication that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Communications you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Mary Kay for all claims resulting from any such Communications. Mary Kay takes no responsibility and assumes no liability for any Communication or other content posted by you or any third party.
Mary Kay does not control the Communications posted on the Sites and, as such, we make no representations or warranties regarding any Communication or its truthfulness, accuracy, reliability, integrity, or quality. Communications include the opinions, statements, and other content of third parties. You acknowledge and agree that the information and views expressed by you and other users in Communications appearing on the Sites do not necessarily reflect Mary Kay’s views or those of our content providers, advertisers, sponsors, affiliated or related entities, and we do not support or endorse any Communications or any other content posted by you or any other user on or otherwise accessible through the Sites.
User Generated Content or UGC: We may ask you if we can use words, pictures, images, data, video, reviews, sound, graphics, messages, comments, other materials or information or any other user-generated content (“Content”) you uploaded, shared, or posted via our Sites or social media pages. If you agree to allow Mary Kay to use your Content on our websites, print advertisements, videos, platforms, apps, marketing channels, or Mary Kay-owned social media platforms, you do so subject to the terms of the User Generated Content License Agreement posted on marykay.com.
RESTRICTIONS ON USE OF MATERIALS
The copyright in all material provided on the Sites is held by Mary. Except as stated herein, no material from the Site or any website owned, operated, licensed or controlled by Mary Kay, may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws and other laws.
The tool on marykay.com that connects consumers with Independent Beauty Consultants is intended for use only by individuals seeking to purchase Mary Kay® products from an Independent Beauty Consultant and/or acquire information about becoming an Independent Beauty Consultant. ALL OTHER USES ARE EXPRESSLY PROHIBITED including without limitation the use of the tool for collection of Independent Beauty Consultant contact information by third parties for solicitation or for any other purpose.
THIRD PARTY WEBSITES AND LINKS
Links to third-party websites may be provided on the Sites. If so, they are provided solely as a convenience to you. If you use these links, you will leave our Sites. Mary Kay has not reviewed all third-party websites and does not control and is not responsible for any of these websites or their content. Mary Kay does not endorse or make any representations about such websites, or any information or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked to the Sites, you do so at your own risk. Mary Kay shall not be liable to you or any other person for any liability arising from your access to or use of any such website. You should review the terms and policies applicable to those websites before sharing any information or conducting any transactions.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Sites are registered and unregistered trademarks of Mary Kay, unless otherwise noted. Nothing on this Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites.
DMCA COPYRIGHT POLICY
Mary Kay has adopted the following policy toward copyright infringement on these Sites in accordance with the Digital Millennium Copyright Act (the “DMCA”).
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Mary Kay’s Designated Agent, identified below, in writing with the information listed below. Please note that this procedure is exclusively for notifying Mary Kay that your copyrighted material has been infringed. Mary Kay does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Mary Kay will respond by either taking down the allegedly infringing content or blocking access to it. Mary Kay may contact the notice provider to request additional information. Under the DMCA, Mary Kay is required to take reasonable steps to notify the user who posted the allegedly infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Mary Kay a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications made via these Sites. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
Reporting Instances of Copyright Infringement:
To file a DMCA notice, the copyright owner must send an email to the DMCA Designated Agent. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
If you believe that Content residing or accessible on or through these Sites infringes a copyright, please send a DMCA notice of copyright infringement containing the following information to the Designated Agent at the address below. The DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Sites. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email address (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
- DMCA Designated Agent
- Mary Kay Inc.
- Attn: Legal Department – IP Team
- 16251 Dallas Parkway
- Addison, TX 75001 U.S.A.
- Email: IPdocket@mkcorp.com
WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY
MARY KAY PROVIDES THE SITES, THEIR CONTENT, MATERIALS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY LAW, MARY KAY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARY KAY DOES NOT WARRANT OR GUARANTEE THAT THE SITES WILL BE AVAILABLE, UNINTERRUPTED, OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES, MALWARE OR OTHER HARMFUL SOFTWARE. ADDITIONALLY, MARY KAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITES IS ACCURATE, COMPLETE, OR CURRENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME ANY RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITES (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THE SITES), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, MARY KAY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES OR ANY CONTENT, MARY KAY’S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE SITES OR $25, WHICHEVER IS GREATER. YOU UNDERSTAND THAT MARY KAY WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIABILITY LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MARY KAY, AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, EMPLOYEES, ASSIGNS, USERS, CUSTOMERS, CONSUMERS, LICENSORS, SUCCESSORS-IN-INTEREST AND THIRD-PARTY PROVIDERS (INDIVIDUALLY EACH AN “INDEMNIFIED PARTY” AND COLLECTIVELY “INDEMNIFIED PARTIES”) FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, OBLIGATIONS, DAMAGES, EXPENSES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES, COURT COSTS, DAMAGES, AWARDS AND SETTLEMENT AMOUNTS), ARISING OUT OF (A) YOUR USE OF OR ACCESS TO THE SITES; (B) YOUR VIOLATION OF THESE TERMS OF USE; (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR OTHER PROVISION OF THESE TERMS; (D) YOUR VIOLATION OF ANY LAW, RULE, REGULATION, OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); (E) YOUR WILLFUL MISCONDUCT; (F) YOUR COMMUNICATIONS OR CONTENT; OR (G) ANY OTHER PARTY’S ACCESS AND USE OF THE SITES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER SECURITY MECHANISM. WE WILL PROVIDE YOU NOTICE OF ANY SUCH CLAIM OR ALLEGATION COVERED BY THIS SECTION, AND WE RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM AT OUR OWN EXPENSE. MARY KAY ALSO RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH MARY KAY IN ASSERTING ANY AVAILABLE DEFENSES. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE, YOUR ACCOUNT, OR YOUR ACCESS TO THE SITES.
DISPUTE RESOLUTION
The following terms govern all disputes, claims, and causes of action at law or equity arising out of or relating in any way to the Sites, the Services, these Terms, and/or our Privacy Policies (collectively, “Disputes”):
a. Informal Dispute Resolution First Required. As a condition precedent to filing any Dispute in court, you must first provide Mary Kay with sixty (60) days’ advance, written notice by writing to us at LitigationandRisk@mkcorp.com describing the nature of the Dispute and must work in good faith with Mary Kay to achieve a mutually agreeable resolution of the Dispute.
b. CLASS AND COLLECTIVE ACTION WAIVER. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH OUR SITES, THESE TERMS OF USE, OR OUR PRIVACY POLICIES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR MASS ACTION. THIS PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OF YOUR RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF AS PROVIDED UNDER CALIFORNIA LAW TO THE EXTENT SUCH RIGHT MAY OTHERWISE BE AVAILABLE TO YOU.
c. Time Limitation. You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
d. Forum. Any Disputes may be litigated only in a court having jurisdiction and venue in Dallas County, Texas for state court causes of action and in the Northen District of Texas for federal court causes of action. You consent and submit to the exclusive jurisdiction of the state courts in and for Dallas County, Texas and the federal courts in the Northen District of Texas for all disputes.
TERMINATION
Mary Kay may, without notice, at any time, for any or no reason, and in its sole discretion, suspend, restrict or terminate your access to part or all of the Sites or delete your account and any Content you have posted to the Sites. Mary Kay may also, in its sole discretion, modify or discontinue parts of or all of the Sites. Mary Kay shall have no liability to you or any third party for taking of these actions. In the event of termination, you shall still be bound by your obligations under these terms.
APPLICABLE LAWS
Thes Sites are controlled and operated by Mary Kay from its offices in Addison, Texas. Mary Kay makes no representation that materials on the Sites are appropriate or available for use outside of the United States. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, the Sites are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
CONTACT
The Consumer may contact the Independent Beauty Consultant with claims, questions and/or complaints regarding the purchase and sale of products through the contact details of the IBC provided on the Sites. In addition, for other questions, the Consumer may contact Mary Kay by phone at 1-800-MARY-KAY (1-800-627-9529) or by filling out the form on the Contact Us page.
NOTICE TO CALIFORNIA CONSUMERS
In accordance with California Civil Code Section 1789.3, users who are California residents are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Sites, please contact:
Mary Kay
16251 Dallas Parkway
Addison, Texas 75001
Email: Contact Us (Include “California 1789.3 Inquiry” in your message.)
Phone: 1-800-MARY-KAY (1-800-627-9529)
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N-112
Sacramento, CA 95834
Phone: 916-445-1254 or 1-800-952-5210
GENERAL
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Sites and supersede and govern all prior agreements or other communications, whether written or oral. Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. However, nothing in these Terms shall supersede, amend, or modify the terms of any separate agreement(s) between you and Mary Kay relating to your work as an employee or independent contractor.
Mary Kay’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mary Kay in writing.
The headings in the Terms are for convenience only and shall not be used in its interpretation.
You may not assign your rights or obligations under these terms without our prior, written approval. Any assignment in violation of the foregoing will be null and void. We may assign our rights and obligations under these Terms without your consent and without restriction.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
REVISIONS AND MODIFICATIONS OF TERMS OF USE
Mary Kay may revise these Terms of Use at any time. By using the Sites, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on the Sites.
©2025 Mary Kay Inc. All rights reserved.
No portion may be reproduced without written permission of Mary Kay Inc.