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A. B. [SUNDIAL BRANDS LLC] shall have the right at any time to change or discontinue any aspect or feature of [SHEAMOISTURE.COM], including, but not limited to, content, hours of availability, and equipment needed for access or use.
A. 2. Changed Terms
[SUNDIAL BRANDS LLC] shall have the right at any time to change or modify the terms and conditions applicable to User's use of [SHEAMOISTURE.COM], or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on [SHEAMOISTURE.COM], or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of [SHEAMOISTURE.COM] by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
A. 3. DESCRIPTION OF SERVICES
Through its Web property, [SUNDIAL BRANDS LLC] provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
A. 4. Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of [SHEAMOISTURE.COM] and all charges related thereto.
A. B. [SHEAMOISTURE.COM] contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of [SHEAMOISTURE.COM] are copyrighted as a collective work under the [COUNTRY] copyright laws. [SUNDIAL BRANDS LLC] owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of [SUNDIAL BRANDS LLC] and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
A. C. User shall not upload, post or otherwise make available on [SHEAMOISTURE.COM] any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of [SHEAMOISTURE.COM], User automatically grants, or warrants that the owner of such material has expressly granted [SUNDIAL BRANDS LLC] the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants [SUNDIAL BRANDS LLC] the right to edit, copy, publish and distribute any material made available on [SHEAMOISTURE.COM] by User.
A. D. The foregoing provisions of Section 5 are for the benefit of [SUNDIAL BRANDS LLC], its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
entity any directory of users of the Services or other user or usage information or any portion
[SUNDIAL BRANDS LLC] has no obligation to monitor the Communication Services. However, [SUNDIAL BRANDS LLC] reserves the right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. [SUNDIAL BRANDS LLC] reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. [SUNDIAL BRANDS LLC] reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in [SUNDIAL BRANDS LLC]'s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. [SUNDIAL BRANDS LLC] does not control or endorse the content, messages or information found in any Communication Services and, therefore, [SUNDIAL BRANDS LLC] specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized [SUNDIAL BRANDS LLC] spokespersons, and their views do not necessarily reflect those of [SUNDIAL BRANDS LLC].
A. 7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing [SUNDIAL BRANDS LLC] with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify [SUNDIAL BRANDS LLC] immediately of any unauthorized use of User’s account or any other breach of security. [SUNDIAL BRANDS LLC] will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by [SUNDIAL BRANDS LLC] or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
A. 8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SHEAMOISTURE.COM
Any software that is made available to download from the Services ("Software") is the copyrighted work of [SUNDIAL BRANDS LLC] and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, [SUNDIAL BRANDS LLC] HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
FOR YOUR CONVENIENCE, [SUNDIAL BRANDS LLC] MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. [SUNDIAL BRANDS LLC] DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
A. 9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SHEAMOISTURE.COM
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
[SUNDIAL BRANDS LLC] AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. [SUNDIAL BRANDS LLC] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL [SUNDIAL BRANDS LLC] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [SUNDIAL BRANDS LLC] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
A. 10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL [SUNDIAL BRANDS LLC] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
A. 11. MATERIALS PROVIDED TO [SUNDIAL BRANDS LLC] OR POSTED AT ANY OF ITS SHEAMOISTURE.COMS
[SUNDIAL BRANDS LLC] does not claim ownership of the materials User provide to [SUNDIAL BRANDS LLC] (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting [SUNDIAL BRANDS LLC], its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all [SUNDIAL BRANDS LLC] Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
A. B. [SHEAMOISTURE.COM] IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
A. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, [SUNDIAL BRANDS LLC], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [SHEAMOISTURE.COM], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
A. F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. [SUNDIAL BRANDS LLC], ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, [SUNDIAL BRANDS LLC], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
A. G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
A. 13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE [SUNDIAL BRANDS LLC]'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF [SUNDIAL BRANDS LLC] AND [SUNDIAL BRANDS LLC] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. [SUNDIAL BRANDS LLC] IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. [SUNDIAL BRANDS LLC] IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY [SUNDIAL BRANDS LLC] OF THE SITE.
[SUNDIAL BRANDS LLC] is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, [SUNDIAL BRANDS LLC] has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of [SHEAMOISTURE.COM], are those of the respective author(s) or distributor(s) and not of [SUNDIAL BRANDS LLC]. Neither [SUNDIAL BRANDS LLC] nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through [SHEAMOISTURE.COM] represents the opinions and judgments of the respective information provider, User, or other user not under contract with [SUNDIAL BRANDS LLC]. [SUNDIAL BRANDS LLC] neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on [SHEAMOISTURE.COM] by anyone other than authorized [SUNDIAL BRANDS LLC] employee spokespersons while acting in their official capacities. Under no circumstances will [SUNDIAL BRANDS LLC] be liable for any loss or damage caused by a User's reliance on information obtained through [SHEAMOISTURE.COM]. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through [SUNDIAL BRANDS LLC]. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
A. 14. UNSOLICITED IDEA SUBMISSION POLICY
[SUNDIAL BRANDS LLC] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [SUNDIAL BRANDS LLC]'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [SUNDIAL BRANDS LLC]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO [SUNDIAL BRANDS LLC] OR ANYONE AT [SUNDIAL BRANDS LLC]. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT [SUNDIAL BRANDS LLC] MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
A. 15. Monitoring
[SUNDIAL BRANDS LLC] shall have the right, but not the obligation, to monitor the content of [SHEAMOISTURE.COM], including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by [SUNDIAL BRANDS LLC] and to satisfy any law, regulation or authorized government request. [SUNDIAL BRANDS LLC] shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on [SHEAMOISTURE.COM]. Without limiting the foregoing, [SUNDIAL BRANDS LLC] shall have the right to remove any material that [SUNDIAL BRANDS LLC], in its sole discretion, finds to be in violation of the provisions hereof or
A. 16. Indemnification
User agrees to defend, indemnify and hold harmless [SUNDIAL BRANDS LLC], its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of [SUNDIAL BRANDS LLC] by User or User's Account.
A. 17. Termination
Either [SUNDIAL BRANDS LLC] or User may terminate this Agreement at any time. Without limiting the foregoing, [SUNDIAL BRANDS LLC] shall have the right to immediately terminate User's Account in the event of any conduct by User which [SUNDIAL BRANDS LLC], in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
A. 18. Miscellaneous
This Agreement and any operating rules for [SHEAMOISTURE.COM] established by [SUNDIAL BRANDS LLC] constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [STATE/PROVINCE, COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
A. 19. COPYRIGHT NOTICE
[SUNDIAL BRANDS LLC] its logos are trademarks of [SUNDIAL BRANDS LLC] Ltd. All rights reserved. All other trademarks appearing on [SUNDIAL BRANDS LLC] are the property of their respective owners.
A. 20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.