TERMS AND CONDITIONS OF USE
Modifications of This Agreement
Alberto Culver reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any Alberto Culver 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 Alberto Culver Website.
Alberto Culver is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from any Alberto Culver 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 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 Alberto Culver Websites, the information on all Alberto Culver Websites are intended solely for use and access by persons residing in the United States, its territories and possessions. Alberto Culver controls and operates its Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on any of the Alberto Culver Websites is appropriate for use or access in other locations. Anyone using or accessing any of the Alberto Culver Websites from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
All Alberto Culver 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 Alberto Culver Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Alberto Culver or by third parties who have licensed their materials to Alberto Culver 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 Alberto Culver Website is the exclusive property of Alberto Culver and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Alberto Culver 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 Alberto Culver Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access any Alberto Culver Website in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server; (o) interfere with any third party’s use and enjoyment of any Alberto Culver Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.
Registration, Authorization and Access
Alberto Culver will review the Application and determine, in Alberto Culver's sole discretion, whether to accept the Application. Alberto Culver shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Alberto Culver Website(s) at any time for any reason. Upon acceptance of your Application by Alberto Culver, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Alberto Culver Website.
Alberto Culver 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 Alberto Culver immediately about any unauthorized use of your Password or any breach of security. You further agree that Alberto Culver 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 Alberto Culver.
Charges and Payment
In certain instances, as part of Alberto Culver's acceptance of your Application, Alberto Culver may charge a user, subscription or other fee. In those instances where a fee may be charged, Alberto Culver 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 Culver 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 Culver to charge your credit card on such recurring basis for the applicable fees. If Alberto Culver does not receive payment from the card issuer, you agree to pay Alberto Culver all amounts due upon demand. Alberto Culver may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from Alberto Culver efforts to collect any past due amounts from you to the extent allowed by law.
ALL ALBERTO CULVER WEBSITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALBERTO CULVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY ALBERTO CULVER WEBSITE OR THE INFORMATION INCLUDED ON ANY SUCH WEBSITE. ALBERTO CULVER 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. ALBERTO CULVER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY ALBERTO CULVER WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ALBERTO CULVER WEBSITE OR THE SERVER THAT MAKES ANY ALBERTO CULVER WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. ALBERTO CULVER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY ALBERTO CULVER WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY ALBERTO CULVER 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 ALBERTO CULVER 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 ALBERTO CULVER 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 ALBERTO CULVER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT ALBERTO CULVER, 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 ALBERTO CULVER BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE THOUSAND UNITED STATES DOLLARS ($1,000.00).
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Alberto Culver Websites shall be subject to the Alberto Culver 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 Alberto Culver Website(s) contains materials that constitute copyright infringement, please notify Alberto Culver in accordance with our Online Copyright Infringement Notification Policy.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALBERTO CULVER AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, 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 ALBERTO CULVER WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Term and Termination
Alberto Culver shall have the right to terminate your access to, and use of, any and/or all Alberto Culver Websites immediately, if, in its sole discretion, Alberto Culver believes that your conduct fails to conform with this Agreement. Alberto Culver 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 Culver 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 Alberto Culver Website(s); and (b) as applicable, pay any amounts owed to Alberto Culver in full within thirty (30) days from the date of such termination.
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 ALBERTO CULVER WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY ALBERTO CULVER WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Alberto Culver to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Alberto Culver’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 Culver 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 Alberto Culver’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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