Alberto European extreme style terms of use

TERMS OF USE

General
Modifications of This Agreement
Links
Solely Intended for Canadian Users
Use
Registration, Authorization and Access
User IDs / Passwords
Disclaimer
Limitation of Liability
User Submissions, Postings and Email Communications
Online Copyright Infringement Notification Policy Indemnification
Term and Termination
Applicable Laws
Commencement of Actions
Miscellaneous
Forward Looking Statements

General

Welcome to the Alberto European Extreme Style website. Please carefully review these terms and conditions of use ("Terms of Use"), the Privacy Policy, and the terms and conditions on our websites that govern particular offers or features (e.g. uploads, 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 Alberto European (the "Agreement") which collectively govern your use of and access to any Alberto European website and any and all content, data and information contained therein. Alberto European is a brand of Alberto-Culver Canada Inc. and its affiliates and references to Alberto European are references to Alberto-Culver Canada, Inc. and its affiliates.
YOUR USE OF ANY ALBERTO EUROPEAN WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS THE SAME MAY BE AMENDED OR SUPPLEMENTED OR REPLACED FROM TIME TO TIME BY ALBERTO EUROPEAN, 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 THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY ALBERTO EUROPEAN WEBSITE.
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Modifications of This Agreement

We reserve the right to change, modify, amend and/or update the Agreement at any time with or without prior notice. Your use of any Alberto European 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 European website.

Links

Alberto European is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from any Alberto European 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 Canadian Users

Unless otherwise explicitly specified on the Alberto European websites, the information on all Alberto European websites is intended solely for use and access by persons residing in Canada. Alberto European controls and operates its Websites from offices located in the Canada, United States and United Kingdom and makes no representations or warranties that the information, products or services contained on any of the Alberto European websites is appropriate for use or access in other locations. Anyone using or accessing any of the Alberto European 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 Alberto European 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 European website comprise copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Alberto European or by third parties who have licensed their materials to Alberto European 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 European website is the exclusive property of Alberto European and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Alberto European website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on to 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, your use of any Alberto European site must comply with all applicable laws and you agree not to: (d) use or access any Alberto European website for any purpose that is unlawful or is prohibited by this Agreement; (e) use or access any Alberto European website in a manner that could damage, disable, overburden, or impair any Alberto European server or the networks connected to any Alberto European server; (f) interfere with any third party’s use and enjoyment of any Alberto European website; or (g) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Alberto European server through hacking, password mining or any other means.

Registration, Authorization and Access

To enter certain portions of the Alberto European websites, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, and/or gender ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; and/or (b) maintain and update your information as required to keep it current, complete and accurate. Please note that Alberto European may use any Application information in accordance with its Privacy Policy. Alberto European will review the Application and determine, in Alberto European's sole discretion, whether to accept the Application. Alberto European shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Alberto European website(s) at any time for any reason. Upon acceptance of your Application by Alberto European, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Alberto European website.

User IDs / Passwords

Alberto European 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 European immediately about any unauthorized use of your Password or any breach of security. You further agree that Alberto European 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 European.

Disclaimer

ALL ALBERTO EUROPEAN WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALBERTO EUROPEAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY ALBERTO EUROPEAN WEBSITE OR THE INFORMATION INCLUDED ON ANY SUCH WEBSITE. ALBERTO EUROPEAN 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 EUROPEAN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY ALBERTO EUROPEAN WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ALBERTO EUROPEAN WEBSITE OR THE SERVER THAT MAKES ANY ALBERTO EUROPEAN WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. ALBERTO EUROPEAN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY ALBERTO EUROPEAN WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY ALBERTO EUROPEAN 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 EUROPEAN 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 EUROPEAN 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 EUROPEAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT ALBERTO EUROPEAN, 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 EUROPEAN, ALBERTO-CULVER COMPANY, ALBERTO-CULVER CANADA INC. OR ANY PERSON, COMPANY OR FIRM AFFILIATED WITH OR RELATED TO THE ALBERTO EUROPEAN BRAND OR ALBERTO EUROPEAN 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 Alberto European websites shall be subject to the Alberto European 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 European website(s) contains materials that constitute copyright infringement, please notify Alberto European in accordance with our Online Copyright Infringement Notification Policy.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALBERTO EUROPEAN AND ALBERTO-CULVER COMPANY, ALBERTO-CULVER COMPANY (U.K.) LIMITED, 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 ALBERTO EUROPEAN WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OF USE.

Term and Termination

The Agreement continues indefinitely until terminated by you or by us. Alberto European shall have the right to terminate your access to, and use of, any and/or all Alberto European websites immediately, if, in its sole discretion, Alberto European believes that your conduct fails to conform with this Agreement. Alberto European 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 European websites.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the applicable Alberto European website(s). Alberto European may at any time discontinue access to all or any part of any Alberto European site.

Applicable Laws

This Agreement shall be governed by and construed under the laws of the Province of Ontario, Canada, 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 EUROPEAN 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 ALBERTO EUROPEAN WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of Alberto European to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Alberto European’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 European 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 European’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 North American 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, Alberto-Culver Company (U.K.) Limited and Alberto-Culver Canada Inc., have no obligation to update any forward-looking statement in this Agreement or any incorporated document.