TERMS OF USE OF THE TRUEKERATIN® WEBSITES
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”).
By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
The TrueKeratin Websites (collectively, the “TrueKeratin Web Sites”) operated by TrueKeratin Inc. or its affiliates or subsidiaries (“TrueKeratin”), is comprised of various Web sites and Web pages. The TrueKeratin Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TrueKeratin Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular TrueKeratin website included within the TrueKeratin Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the TrueKeratin Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular TrueKeratin website, then these terms shall control.
MODIFICATION OF THE TERMS OF USE
TrueKeratin reserves the right to change the terms, conditions, and notices under which the TrueKeratin Web Sites are offered, including but not limited to the charges associated with the use of the TrueKeratin Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the TrueKeratin Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TrueKeratin Web Sites, unless this is done for noncommercial purposes.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of TrueKeratin is strictly prohibited.
Harassment in any manner or form on any of the TrueKeratin Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a TrueKeratin employee, host, or representative or other members or visitors on the TrueKeratin Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the TrueKeratin Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in the TrueKeratin Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of TrueKeratin. The collective work includes works that are licensed to TrueKeratin. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to TrueKeratin, or other respective owners that have granted TrueKeratin the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
TrueKeratin respects the intellectual property of others, and we ask our users and visitors to do the same. TrueKeratin will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TrueKeratin will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TrueKeratin the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the TrueKeratin Web Sites;
- your address, telephone number, and email address and all other information reasonably sufficient to permit TrueKeratin to contact you;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
BY MAIL:
TrueKeratin
11912 Miramar Pkwy
Miramar, FL 33025
TERM AND TERMINATION.
These terms and conditions are applicable to you upon your accessing the TrueKeratin Web Sites. These terms and conditions, or any of them, may be modified or terminated by TrueKeratin without notice at any time for any reason. TrueKeratin may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION.
TrueKeratin does not and cannot review all communications and materials posted to or created by users accessing the TrueKeratin Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the TrueKeratin Web Sites, TrueKeratin is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the TrueKeratin Web Sites. However, TrueKeratin reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to TrueKeratin at its sole discretion.
USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. TrueKeratin will have no obligations with respect to the Communications. TrueKeratin and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. TrueKeratin may, but is not obligated to, monitor or review any areas on the TrueKeratin Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. TrueKeratin, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with TrueKeratin, TrueKeratin has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TrueKeratin. TrueKeratin has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that TrueKeratin sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
DISCLAIMER.
TrueKeratin makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
TrueKeratin does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TrueKeratin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. TrueKeratin does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TrueKeratin does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY.
In no event shall TrueKeratin be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if TrueKeratin has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
APPLICABLE LAWS.
Your use of The TrueKeratin Web Sites shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the TrueKeratin Web Sites (including but not limited to the purchase of TrueKeratin products) shall be in the state or federal courts located in Miami, FL. Any cause of action or claim you may have with respect to the TrueKeratin Web Sites (including but not limited to the purchase of TrueKeratin products) must be commenced within one (1) year after the claim or cause of action arises. TrueKeratin’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TrueKeratin may assign its rights and duties under this Agreement to any party at any time without notice to you.
TrueKeratin makes no representation that materials in the TrueKeratin Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.
ARBITRATION.
By using this Site, you agree that TrueKeratin, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
TERMS OF USE OF THE TRUEKERATIN ONLINE STORE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE TRUEKERATIN ONLINE STORE (THE “ONLINE STORE”). THE FOLLOWING ARE THE TERMS OF THE AGREEMENT BETWEEN TRUEKERATIN INC. (“TRUEKERATIN”) AND THE BUYER (“BUYER”) OF ANY PRODUCTS THROUGH MOROCCANOIL’S WEBSITE (THE “SITE”). BUYER IS REQUESTED TO REVIEW THESE TERMS CAREFULLY BEFORE ORDERING:
INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the Online Store. This Contract constitutes the entire and only agreement between TrueKeratin and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the Online Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify TrueKeratin within 24 hours of any breach of this Contract or unauthorized use of the password. TrueKeratin does not protect Buyer from unauthorized use of Buyer’s password.
COPYRIGHT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Online Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Online Store is prohibited.
COOKIES
Like many Web sites, we use “Cookies,” which are data files placed on a Device when it is used to visit the Sites to facilitate site navigation and to personalize your experience, including tailoring advertisements. Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Sites and your activities on such social networking sites. We also use cookies for “Refer a friend” programs or reward offers that you may participate in. We use cookies to track the account sending the referral and to track whether the “friend” registers or makes a purchase so that the referrer can receive its reward or offer. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information).
If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
EDITING, DELETING, AND MODIFICATION
TrueKeratin reserves the right in its sole discretion to remove any goods for sale from the Online Store. Upon notice published over the Online Store, TrueKeratin may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Online Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Online Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
TrueKeratin reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
INDEMNIFICATION
Buyer agrees to indemnify, defend and hold TrueKeratin and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Online Store.
NON-TRANSFERABLE
Buyer’s right to use the Onine Store is not transferable and is subject to any limits established by TrueKeratin or by Buyer’s credit card company.
DISCLAIMER
The goods offered through the online store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of TrueKeratin, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. TrueKeratin and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TrueKeratin and buyer. This online store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
USE OF INFORMATION
TrueKeratin reserves the right, and Buyer authorizes TrueKeratin, to the use and assignment of all information regarding Buyer’s use of the Online Store and all information provided by Buyer, subject to applicable law.
GOVERNING LAW
This Agreement is governed by the substantive laws of the State of Florida, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Miami, FL.
Any cause of action of Buyer with respect to the Online Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of Florida and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Online or TrueKeratin is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of TrueKeratin to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between Buyer and TrueKeratin regarding its use of the Online Store and supersedes any prior statements or representations.
ORDER LIMITS
Products ordered online are not for resale. As such, TrueKeratin reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the Online Store are in US dollars. Buyer agrees that all orders shipped by TrueKeratin are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
SECURITY ONLINE
Credit card information entered on the Online Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the Online Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, TrueKeratin can insure that all orders are placed safely and securely. As such, TrueKeratin is not liable for any direct or indirect damages related to credit card fraud or theft.
CUSTOMER SERVICE
Contact us by email at shoponline@true-keratin.com, or by phone at 305-456-8371, during normal business hours Monday-Friday from 10:00 AM- 4:00PM EST. You may be asked to provide photographs and to return the product for review.
