| TERMS
AND CONDITIONS OF USE
We have taken every effort to design our Web site
to be useful, informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if you’d
like to see improvements or changes that would make it even easier
for you to find the information you need and want.
All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look them over because
by using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the right
to make any modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes may be!
Your continued use of the ProBeautyCorp.com Web site means that
you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions
on Use of Our Online Materials
All Online Materials on the ProBeautyCorp.com site,
including, without limitation, text, software, names, logos, trademarks,
service marks, trade names, images, photos, illustrations, audio
clips, video clips, and music are copyrighted intellectual property.
All usage rights are owned and controlled by ProBeautyCorp.com.
You, the visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright, trademark
and propriety notices, 2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association
with any of our products, services, events or brands, and 4) you
do not download quantities of materials to a database, server, or
personal computer for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless you
get our written permission first. Neither may you add, delete, distort
or misrepresent any content on the ProBeautyCorp.com site. Any attempts
to modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus all
files, all images incorporated in or generated by the software,
and all data accompanying it, is considered licensed to you by ProBeautyCorp.com
or third-party licensors for your personal, non-commercial home
use only. We do not transfer title of the software to you. That
means that we retain full and complete title to the software and
to all of the associated intellectual-property rights. You’re not
allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people
can use.
Submitting
Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments,
or other information that you send to ProBeautyCorp.com through
our site (other than information we promise to protect under our
privacy policy becomes and remains our property, even if this agreement
is later terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we don’t have to
pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We
can use them for any purpose we deem appropriate to our ProBeautyCorp.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation
of Liability
ProBeautyCorp.com WILL NOT BE LIABLE FOR ANY DAMAGES
OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES
OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY
TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE 0
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
- DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE
SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
- WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
- DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION
OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE
THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY
EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES,
AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE
OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER
LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
- Links to Other Site We sometimes provide referrals to and
links to other World Wide Web sites from our site. Such a link
should not be seen as an endorsement, approval or agreement
with any information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform Resource
Locator (URL) address provided in your WWW browser to see if
you are still in a ProBeautyCorp.com-operated site or have moved
to another site.
- ProBeautyCorp.com is not responsible for the content or practices
of third party sites that may be linked to our site.
- When ProBeautyCorp.com provides links or references to other
Web sites, no inference or assumption should be made and no
representation should be inferred that ProBeautyCorp.com is
connected with, operates or controls these Web sites.
- Any approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement, sponsorship
or support of any ProBeautyCorp.com site or endorsement, sponsorship
or support of ProBeautyCorp.com, including its respective employees,
agents or directors.
Termination of This Agreement This agreement is effective until
terminated by either party. You may terminate this agreement at
any time, by destroying all materials obtained from all ProBeautyCorp.com
Web site, along with all related documentation and all copies
and installations. ProBeautyCorp.com may terminate this agreement
at any time and without notice to you, if, in its sole judgment,
you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition,
by providing material on our Web site, we do not in any way promise
that the materials will remain available to you. And ProBeautyCorp.com
is entitled to terminate all or any part of any of its Web site
without notice to you. Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States,
you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the California, as it is applied
to agreements entered into and to be performed entirely within
such jurisdiction. To the extent you have in any manner violated
or threatened to violate ProBeautyCorp.com and/or its affiliates'
intellectual property rights, ProBeautyCorp.com and/or its affiliates
may seek injunctive or other appropriate relief in any state or
federal court in the State of California, and you consent to exclusive
jurisdiction and venue in such courts. Any other disputes will
be resolved as follows: If a dispute arises under this agreement,
we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Orange County,
California.
Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us. If it proves impossible
to arrive at a mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the following
location: Orange County, California, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do
so.
ProBeautyCorp.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and
without notice to you.
This is the ENTIRE agreement regarding all the matters
that have been discussed.
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