5.1.2020 Terms of Use 

CXR Strategies, LLC DBA Keratin Salon/Direct and its affiliates, subsidiaries and parent companies (collectively, “Keratin Salon/Direct”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, products, goods, services, promotions, software, technology and any other materials (collectively, “Keratin Salon/Direct Services”) that we provide. This Site is offered and available to Users who are eighteen (18) years of age or older. The Keratin Salon/Direct products are not intended for anyone under the age of 18. 

 

1. Contract between You and Keratin Salon/Direct; Privacy Policy These Terms and Conditions of Use (“Terms”) and our Privacy Policy (below) form a legally binding agreement between you and Keratin Salon/Direct, and govern your access and use, and our provision of, the Keratin Salon/Direct Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY KERATIN SALON/DIRECT WEBSITE, PRODUCT OR SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 18 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR USING ANY KERATIN SALON/DIRECT PRODUCT OR SERVICE, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 9 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND KERATIN SALON/DIRECT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE KERATIN SALON/DIRECT WEBSITE, DO NOT ORDER, AND DO NOT USE ANY COMPANY PRODUCT OR SERVICE.

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2. Changes to These Terms 

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective immediately upon being posted to the Keratin Salon/Direct Website. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of the Terms and Conditions, and at the end of the Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

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3. Keratin Salon/Direct’s Intellectual Property

You acknowledge and agree that the Keratin Salon/Direct Products and Services, and any logos, names, designs, text, graphics, videos, software, content, files, materials and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Keratin Salon/Direct or its affiliates, licensors or suppliers. You expressly agree that you will do nothing inconsistent with Keratin Salon/Direct’s ownership of the Keratin Salon/Direct Services, and that you gain no rights, title, or interest in or to any Keratin Salon/Direct Products or Services, except as stated in these Terms or any executed written agreement between you and Keratin Salon/Direct. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Keratin Salon/Direct or any third party. 

 

4. Disclaimer Regarding Information Provided on the Website 

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVISE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE. 

 

5. Disclaimer of Warranties with Respect to Use of the Website 

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE AND/OR THE DOWNLOAD OF MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

 

6. Purchasing Products from Us 

Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Company takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is available through Customer Service, listed on our Website. 

 

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct the errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. 

 

Order Placement and Acceptance. If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. 

 

Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a valid form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value. 

 

Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local enforcements authorities. 

 

Shipping and Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Company will use reasonable efforts to contact you. If Company contacts you and you advise that you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, less S&H, and will do so within 7-10 business days if made using third-party credit card, such as a Visa or MasterCard. If Company is unable to contact you, it may in its discretion elect to cancel the order. Under no circumstances shall Company be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items shall pass to you upon delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States. 

 

Sales Tax. Company is required to collect applicable state and local sales tax on orders shipped to certain states in the United States. Taxes apply to most merchandise. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Company is required to follow the rules of each state where we are required to collect sales tax. Your final order total will include the appropriate state and local taxes. 

 

Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Company shall have the right to cancel or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. 

 

Automatic Renewal Payment Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your participation in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you. IF YOU PARTICIPATE IN OUR AUTOMATIC RENEWAL AUTOSHIP PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL AUTOSHIP PROGRAM, YOU MAY DO SO BY CALLING OUR CUSTOMER SERVICE REPRESENTATIVE AT 888-271-4661. 

 

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., changes in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling our customer service representative at 888-271-4661. If you fail to timely update your credit card information, your participation in our automatic renewal autoship program may be terminated and your account may be sent for collection. Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipment(s), or if you are uncertain about your right to return the product, you may call our Customer Service at at 888-271-4661. Company will refund your payment when your product is timely returned and within 7-10 days of our receipt of the returned product in an unused and undamaged condition in the original packaging, unless otherwise specifically provided in Company’s marketing materials. 

 

7. Electronic Communications, Signatures and Agreements 

 

The information communicated on the Website constitutes an electronic communication. When you communicate with Company through the Website or via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Company or you). You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “YES” or other such similar links as may be designated by Company, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 

 

8. Communications with Company 

You acknowledge that telephone calls to or from Company are monitored and recorded and you agree to such monitoring and recording. 

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You verify that any contact information provided to Company, including, but not limited to, your address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted at the telephone numbers you provide.

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You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Company relating to this Agreement, any purchase or transaction with Company, matters related to your account (including debt collection), and promotions regarding Company’s products. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company will not be responsible for these charges. 

 

Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Company notice within 30 days of any change to your contact information by calling Customer Service at 888-271-4661 or by e-mailing [info@keratinsalondirect.com]. Your consent to this communications provision is not required to make any purchase with Company. 

 

9. Limitation on Company’s Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. 

 

10. Indemnification 

You agree to indemnify and hold the Released Parties, together with their respective co-branders, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and cost of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement. 

 

11. Termination of Website 

You agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. You further agree that Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Company’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination. 

 

 12. Mandatory Binding Arbitration, and Class Action Waiver 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

 

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Company, and/or any involved third party relating to your account, your use of the Website, your relationship with Company, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Company or any third party related to your use or attempted use of the products. You, Company, or any involved third party may pursue a Claim. Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. 

 

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. 

 

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Keratin Salon/Direct 1128 Royal Palm Beach Blvd #166, Royal Palm Beach, FL 33411; Attn: General Counsel. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you agree to the dispute resolution provisions below. 

 

Commencement of Arbitration. You and Company agree to commence any arbitration proceeding within one year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after one year shall be barred. 

 

Arbitration Location. The arbitration will be conducted in Essex County, New Jersey. It may be held by telephone or through written submissions if both you and Company agree. 

 

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal. 

 

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Company. 

 

Arbitration Fees. You and Company shall share equally the costs for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. 

 

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. 

 

Enforceability. This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. 

 

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time (subject to the one-year limitation described above) or in connection with any other Claims. This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company. 

 

Amendments. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. 

 

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO KERATIN SALON/DIRECT, 1128 ROYAL PALM BEACH BLVD #166, ROYAL PALM BEACH, FL 33411; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS. 

 

1. Exclusive Venue for Other Controversies 

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the State of Federal Courts located in Essex County, New Jersey, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. 

 

2. Remedies for Company 

In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you. 

 

3. Modifications to the Agreement 

Company may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted. 

 

4. Trademark Notices 

Keratin Salon/Direct is a trademark of KERATIN SALON/DIRECT. All other trademarks and service marks displayed on the Website are the property of KERATIN SALON/DIRECT, or their respective owners. You may not use or display any trademarks or service marks owned by KERATIN SALON/DIRECT without KERATIN SALON/DIRECT prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners. 

 

5. Copyright Policy, Digital Millennium Copyright Act 

It is Company’s policy to respect the copyright and intellectual property rights of others. Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Company complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information: 

 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. 

2. A description of the copyrighted work that you claim has been infringed. 

3. A description of where the material that you claim is infringing is located on the Website. 

4. Your address, telephone number, and e-mail address. 

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 

6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf as follows: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.” 

 

Please direct inquiries regarding infringement issues KERATIN SALON/DIRECT, 1128 ROYAL PALM BEACH BLVD #166, ROYAL PALM BEACH, FL 33411; ATTN: GENERAL COUNSEL. 

 

6. Company Code of Conduct

Our mission is to create a positive experience for all of our customers and trading partners by safely delivering beautiful, manageable hair. 

 

7. Other Important Terms 

Company may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Company. No delay by Company in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Company in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.