Alberto-Culver Terms and Conditions

General

Welcome to the Internet site of Nexxus Salon Hair Care. Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on our websites that govern particular offers or features (e.g. contests and registration) ("Additional Terms and Conditions"). These Terms of Use, the Privacy Policy, and any Additional Terms and Conditions that apply together form the Agreement between you and Nexxus (the "Agreement") which collectively govern your use of and access to any Nexxus website and any and all content, data and information contained therein. Nexxus is a brand of Alberto-Culver Company. YOUR USE OF ANY NEXXUS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY NEXXUS, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY NEXXUS WEBSITE.

Modifications of This Agreement

We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any Nexxus website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Nexxus website.

Links

Nexxus is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from any Nexxus website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or linked by or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

Solely Intended for United States Users

Unless otherwise explicitly specified on the Nexxus websites, the information on all Nexxus websites is intended solely for use and access by persons residing in Canada. Nexxus controls and operates its Websites from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on any of the Nexxus websites is appropriate for use or access in other locations. Anyone using or accessing any of the Nexxus websites from other locations do so on their own initiative and are responsible for compliance with local Canadian laws, if and to the extent applicable.

Use

All Nexxus websites and their contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of any Nexxus website comprise copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Nexxus or by third parties who have licensed their materials to Nexxus and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any Nexxus website is the exclusive property of Nexxus and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Nexxus website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access any Nexxus website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access any Nexxus website in a manner that could damage, disable, overburden, or impair any Nexxus server or the networks connected to any Nexxus server; (o) interfere with any third party’s use and enjoyment of any Nexxus website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Nexxus server through hacking, password mining or any other means.

Registration, Authorization and Access

To enter certain portions of the Nexxus websites, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by Nexxus from time to time. Please note that Nexxus may use any Application information in accordance with its Privacy Policy.

Nexxus will review the Application and determine, in Nexxus's sole discretion, whether to accept the Application. Nexxus shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Nexxus website(s) at any time for any reason. Upon acceptance of your Application by Nexxus, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Nexxus website.

User Ids/Passwords

Nexxus reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Nexxus immediately about any unauthorized use of your Password or any breach of security. You further agree that Nexxus shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Nexxus.

Charges and Payment

In certain instances, as part of Nexxus's acceptance of your Application, Nexxus may charge a user, subscription or other fee. In those instances where a fee may be charged, Nexxus will notify you of the fee prior to your submission of your Application, and your submission of your Application will serve as your authorization for Nexxus to charge your credit card automatically for the fee. In some cases, the fee may be a recurring fee, and your submission of your Application authorizes Nexxus to charge your credit card on such recurring basis for the applicable fees. If Nexxus does not receive payment from the card issuer, you agree to pay Nexxus all amounts due upon demand. Nexxus may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from Nexxus efforts to collect any past due amounts from you to the extent allowed by law.

Disclaimer

ALL NEXXUS WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXXUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY NEXXUS WEBSITE OR THE INFORMATION INCLUDED ON ANY SUCH WEBSITE. NEXXUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. NEXXUS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY NEXXUS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NEXXUS WEBSITE OR THE SERVER THAT MAKES ANY NEXXUS WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. NEXXUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY NEXXUS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY NEXXUS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NEXXUS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS ANY NEXXUS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NEXXUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT NEXXUS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL NEXXUS (OR ALBERTO-CULVER COMPANY, ALBERTO-CULVER CANADA INC. OR ANY PERSON, COMPANY OR FIRM AFFILIATED WITH OR RELATED TO THE NEXXUS BRAND OR NEXXUS PRODUCTS) BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE THOUSAND CANADIAN DOLLARS ($1,000).

User Submissions, Postings and Email Communications

All submissions, postings and email communications to or through the Nexxus websites shall be subject to the Nexxus Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.

Online Copyright Infringement Notification Policy

If you believe that any Nexxus website(s) contains materials that constitute copyright infringement, please notify Nexxus in accordance with our Online Copyright Infringement Notification Policy.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NEXXUS AND ALBERTO-CULVER COMPANY, ALBERTO-CULVER CANADA INC>, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF ANY NEXXUS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Term and Termination

Nexxus shall have the right to terminate your access to, and use of, any and/or all Nexxus websites immediately, if, in its sole discretion, Nexxus believes that your conduct fails to conform with this Agreement. Nexxus also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Nexxus websites.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the applicable Nexxus website(s); and (b) as applicable, pay any amounts owed to Nexxus in full within thirty (30) days from the date of such termination.

Applicable Laws

This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY NEXXUS WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE COURTS LOCATED IN ONTARIO, CANADA.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY NEXXUS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES

Miscellaneous

The failure of Nexxus to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Nexxus’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Nexxus may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Nexxus’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.

Forward Looking Statements

This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Alberto-Culver Company has no control. Alberto-Culver Company has no obligation to update any forward-looking statement in this Agreement or any incorporated document.

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