Alberto-Culver Terms and Conditions

General

Welcome to the Internet Site of Alberto-Culver (S.A.) (Proprietary) Limited ("Alberto", “we” or “us”), the “Web site” or “Alberto Websites”. Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy and the terms and conditions on the Alberto Websites that governs particular offers or features (e.g. contests and registration) ("Additional Terms and Conditions"), all of which collectively constitutes a binding agreement between you and Alberto (the “Agreement”) which governs your use of and access to the Alberto Websites and any and all online services, content, data and information contained therein.

THE ALBERTO WEBSITES ARE MADE AVAILABLE TO YOU BY ALBERTO, CONDITIONAL UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. YOUR ACCESS TO AND USE OF THE ALBERTO WEBSITES CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY ALBERTO. 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 THE ALBERTO WEBSITES OR ANY ONLINE SERVICES.

Modifications of this Agreement

Alberto reserves the right to change (including without limitation, by the addition of new terms and conditions), modify, amend and/or update this Agreement at any time with or without prior notice to you, which amendment shall come into effect immediately. Your use of the Alberto Websites 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 the Alberto Websites.

Links

Alberto is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from the Alberto Websites. These linked sites are not under Alberto’s control and Alberto explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. By making the hyperlinks available on the Alberto Websites, Alberto does not endorse such third party sites, and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Alberto does 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. You agree that if you access any such third party websites, you do so entirely at your own risk.

Use

The Alberto Websites and its 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 the Alberto Websites constitute intellectual property which is owned, controlled or licensed by Alberto or by third parties who have licensed their materials to Alberto and is protected by South African and/or international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Alberto Websites is the exclusive property of Alberto and is protected by South African and international copyright laws. Except as solely provided in the next sentence, no material from the Alberto Websites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way and nothing contained on the Alberto Websites should be construed as granting any licence or right of use of any intellectual property. 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 Alberto and/or any of Alberto’s affiliates and/or any of Alberto’s products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (d) use or access this Alberto Website for any purpose that is unlawful or prohibited by this Agreement; (e) use or access this Alberto Website in a manner that could damage, disable, overburden, or impair any Alberto server or the networks connected to any Alberto server; interfere with any third party’s use and enjoyment of this Alberto Website; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any Alberto server through hacking, password mining or any other means.

You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise ("linking") to the Alberto Websites or any other subsidiary pages without Alberto’s prior written consent, which consent is at its sole discretion. You may apply to establish such a link by submitting your request to Alberto at www.alberto.com or call us at 708-450-3000 and ask for Consumer Relations. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

Registration, Authorization and Access

To enter certain portions of the Alberto 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 with respect to 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 Alberto from time to time. You agree that Alberto may use any Application information which you provide in accordance with its Privacy Policy.

Alberto will review the Application and determine, in Alberto's sole discretion, whether to accept the Application. Alberto shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Alberto Websites at any time for any reason. Alberto reserves the right to discontinue anyone’s registration at any time without notice, in its sole and absolute discretion. Upon acceptance of your Application by Alberto, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Alberto Website.

User Ids/Passwords

Alberto 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 agree not disclose your Password to anyone else, and not to use anyone else’s Password. You agree to notify Alberto immediately about any unauthorized use of your Password or any breach of security. You further agree that Alberto shall not be responsible for your failure to comply with this paragraph or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Alberto.

Charges and Payment

In certain instances, as part of Alberto's acceptance of your Application, Alberto may charge a user, subscription or other fees. In those instances when a fee may be charged, Alberto 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 Alberto 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 Alberto to charge your credit card on such recurring basis for the applicable fees. If Alberto does not receive payment from the card issuer, you agree to pay Alberto all amounts due upon demand. Alberto may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable legal fees arising from Alberto efforts to collect any past due amounts from you to the extent allowed by law.

Disclaimer

THE ALBERTO WEBSITES ARE PROVIDED BY ALBERTO ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALBERTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALBERTO WEBSITES OR THE INFORMATION INCLUDED ON THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, ALBERTO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ALBERTO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE ALBERTO WEBSITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ALBERTO WEBSITES OR THE SERVER THAT MAKES THE ALBERTO WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. ALBERTO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE ALBERTO WEBSITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ALBERTO WEBSITES, THAT YOUR USE of thE ALBERTO websiteS and/or YOUR reliance on any information on thE ALBERTO websiteS IS AT YOUR SOLE RISK.

INFORMATION, IDEAS AND OPINIONS EXPRESSED ON THE ALBERTO WEBSITES SHOULD NOT BE REGARDED AS ALBERTO’S OFFICIAL OPINION NOR AS PROFESSIONAL ADVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER (INCLUDING AS A RESULT OF ALBERTO’S NEGLIGENT (INCLUDING GROSSLY NEGLIGENT) ACTS OR OMISSIONS) AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN DELICT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ALBERTO, ITS PARENT OR AFFILIATED COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS or other persons for whom in law ALBERTO may be liable (in whose favour this constitutes a benefit capable of acceptance at any time) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, 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 THIS WEBSITE and/or the online services AND/OR THE INFORMATION CONTAINED ON THE ALBERTO WEBSITES, OR FOR ANY 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 ALBERTO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT ALBERTO, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

You hereby indemnify ALBERTO and ITS AFFILIATED COMPANIES AND ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS or other persons for whom in law ALBERTO may be liable (in whose favour this constitutes a benefit capable of acceptance at any time) from any loss, damages, liability, claim or demand due to or arising out of your use of thE ALBERTO websiteS or the online services or the information contained on thE ALBERTO websiteS.

User Submissions, Postings and Email Communications

All submissions, postings and email communications to or through the Alberto Websites shall be subject to the Alberto 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 this Alberto Website contains materials that constitute copyright infringement, please notify Alberto in accordance with our Online Copyright Infringement Notification Policy.

Please review Alberto’s Privacy Policy, the terms of which are incorporated herein and which also governs your access, reference to and use of this Alberto Website.

Compensation

YOU AGREE TO COMPENSATE ALBERTO, ITS PARENT AND AFFILIATED COMPANIES, THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (IN WHOSE FAVOUR THIS CONSTITUTES A BENEFIT CAPABLE OF ACCEPTANCE AT ANY TIME) IN RESPECT OF ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, ARISING FROM OR RELATED TO YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Term and Termination

Alberto shall have the right to terminate your access to, and use of, this Alberto Website immediately and without notice to you, if, in its reasonable discretion, Alberto believes that your conduct fails to conform with any term of this Agreement. Alberto 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 Alberto Website.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the South African courts.

Address for legal services

All legal notices for all purposes under this Agreement whether in respect of court process, notice or other documents or communication of whatsoever nature must be sent to the following address:

Alberto-Culver Company
2525 Armitage Avenue
Melrose Park, Illinois 60160
Attention: General Counsel
Alberto may send you legal notices to any of the addresses you have specified on your Application, or at the address at which you actually work or live.

Full legal age

In using the Alberto Websites you represent and warrant that you are of full legal age, are emancipated or have your guardian’s consent and have the required legal capacity to enter into and be bound by this Agreement or any other product/service agreement regarding your use of the Alberto Websites.

Miscellaneous

The failure of Alberto to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Alberto’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. Alberto may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be transferred by you without Alberto’s prior written consent. If any provision of this Agreement 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.

Any rights not expressly granted herein are reserved.

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