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  1.  

    Introduction

    Roux Laboratories, Inc. d/b/a Colomer USA or The Colomer Group (“Colomer”), is a New York corporation.  This Web site (the “Web Site” or “Site”) is made available to you to provide additional information on Creme of Nature products and services.

    Please read these Terms & Conditions of Use and our Privacy Policy (collectively “Terms & Conditions”) carefully before accessing or using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions, without limitation or qualification. These Terms & Conditions may be revised periodically.  We recommend that you read our Terms & Conditions whenever you visit this Site so that you are aware of any changes.

     

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    Purpose

    The intent of this Web Site is to inform visitors of the range of beauty products offered by Colomer and to provide information about their uses, to discover the latest developments and to answer questions that might be of interest to our visitors.  Visitors interested in becoming distributors of Colomer or in working for Colomer may send in their applications by completing the Forms in the applicable sections of the Web Site.

     

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    No Reliance upon Advice

      From time to time, this Site may contain information relating to hair styles and hair care products.  Such information is provided solely for general informational purposes.  To the extent that the web site offers general guidance and/or suggestions for hair styles or hair care products, you should understand that each person's hair is unique and this may affect the accuracy of such guidance and/or recommendations for hair styles or hair care products.  An individual's hair care product choice can be affected by many factors including, without limitation: general health, chemical or other treatments to hair, historical treatment of hair, age, environmental factors, prescriptions or medications, etc. Consequently, no guidance, recommendations or any other statements in relation to hair care products or hairstyles made by Colomer via this site shall constitute a warranty or guarantee of any kind, including aesthetic satisfaction or specific results to be obtained.

     

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    Exclusion of Liability;Disclaimer of Warranties

      Your use of the Site is at your own risk.  In no event shall COLOMER be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use, the Site.  This includes damages to or viruses that may infect your computer equipment. Colomer does not guarantee or warrant that files available for download from this Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.  IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTIVIRUS PRECAUTIONS AS YOU DEEM NECESSARY.  UNDER NO CIRCUMSTANCES WILL COLOMER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

    Without limiting the foregoing, everything on the Site is provided to you “AS IS” without warranties of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

     

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    Use In Accordance with Directions

      From time to time, Colomer may make free product samples available for shipping upon request via this Web Site.  Product samples that are requested through this Web Site may be accompanied by package inserts or other materials that contain warnings, instructions or directions related to product use.  You agree that your use of these products will be strictly in accordance with any enclosed warnings, instructions, or directions.

     

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    Ownership of Site Contents

    Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Colomer (or used in accordance with “fair use” principles).  The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by Colomer.

    The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of Colomer and others.  You acknowledge and agree that the Trademarks remain the sole property of Colomer or the other owners of such Trademarks.  Except as otherwise expressly provided herein, nothing contained in these Terms & Conditions should be construed as granting, by implication, estoppel or otherwise, any license or right in or to the Trademarks.

     

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    Use of Site

      The Contents of the Site, and the Site as a whole, are intended strictly for personal and other noncommercial use by you (“Permitted Uses”).  You may freely browse the Site and download Contents displayed on the Site solely for such Permitted Uses.  No right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying.  Except as provided above, you may not distribute, modify, transmit, reuse, repost or use any of such materials for any purpose, without the express written permission of Colomer.  All copyright and other proprietary notices contained in downloaded materials must be preserved and retained. 

    Images of people or places displayed on the Site are either the property of, or used with permission by, Colomer.  The use of these images by you is strictly prohibited.  Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

     

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    Complaints Over Perceived Infringement

      Colomer respects intellectual property rights and will terminate users of password protected areas and deny access to others who, in our discretion, infringe the intellectual property rights of others.  In addition, we will use commercially reasonable efforts to accommodate accepted technical measures used to identify and protect  copyrighted works, provided these technical measures do not burden our hardware, software, or administrative systems.  If you believe that materials posted on our Web Site infringe rights you enjoy under copyright law in specific materials, we request that you notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") to respond to such concerns:

    e-mail: cremeofnature@us.thecolomergroup.com

    Your notice must comply with the DMCA.  Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

     

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    Limitations on Access

      Except as otherwise expressly permitted by Colomer, any access or attempt to access other areas of the Colomer computer system or other information contained on the system for any purpose is strictly prohibited.  You agree that you will not use any robot, spider, other automatic or manual process or device to “screen scrape,” monitor, “mine,” or copy Web pages on the Site or the Content contained therein or otherwise to interrupt or harm the operation of the Site without Colomer’s express written permission.  You will not post or transmit any advertising, “spam,” threatening, defamatory, obscene, scandalous or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.  Colomer will fully cooperate with any law enforcement authorities or court order requesting or directing Colomer to disclose the identity of anyone posting any such information or materials.  You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Site and will refrain from any attempt to intercept, access or monitor any system, data or information on or in transit to or from the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Colomer’s infrastructure for the Site. 

    You agree that you will not use any services that Colomer may provide through this Web Site to carry out any activities that are against any laws or regulations, morals or public order.  Because of the global nature of the Internet, visitors agree to comply with all local rules pertaining to online and acceptable conduct and regarding transmission of data from the United States or country of residence or use.

    You may not manipulate data of Colomer or other related entities or of third parties that have licensed their material to Colomer and the services offered through the Web Site.   You may not give data or identifying details that obstruct your correct identification. You may not manipulate the technical devices that protect the contents or information and the general configuration of the space of this Web Site.

    Colomer reserves the right to refuse or withdraw access to the Web Site at any time and without forewarning for visitors who fail to comply with these Terms & Conditions.

     

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    Framing

      You may not use framing techniques to enclose any Colomer trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without Colomer’s express written consent.

     

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    Timeliness of Information

      Colomer uses reasonable efforts to include accurate and up to date information in the Site; however, Colomer makes no warranties or representations as to any such information.  COLOMER FURTHER assumes no liability or responsibility as to the reliability, accuracy, validity, timeliness, usefulness or completeness OF ANY INFORMATION ON THE SITE.

     

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    Indemnification

      You agree to indemnify, defend and hold harmless Colomer, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms & Conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.  Colomer does not guarantee that the material on this Web Site is appropriate or available for all countries and visitors.  Anyone who accesses this Web Site does so at his/her own initiative and his/her own risk and is responsible for complying with all regulations applicable to the Internet.

     

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    User Comments

      Any communication or material that you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions or the like (collectively, “Comments”) is, and will be treated as Colomer property.  Such disclosure by you constitutes an assignment to Colomer of all worldwide rights, title and interests in all copyrights and other intellectual properties in such items.  You agree that, as long as we fully comply with our Privacy Policy, we may use, disclose, and exploit Comments in any manner without restriction and without compensating you in any way.  Colomer is and shall be under no obligation to maintain any such items in confidence, pay you any compensation for any such items, or respond to any such items.  Moreover, provided we fully comply with our Privacy Policy, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how or techniques contained in any Comments you send to the Site for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services using such information.

     

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    Editorial Policy

      Colomer reserves the right to alter or delete material from the Site at any time.

     

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    No Endorsement

      Certain links on the Site lead to resources located on servers that are not maintained by Colomer or under its control.  We provide such links merely for our users’ convenience.  Colomer is not responsible for the content of any such referenced Web sites or for the availability of access to such Web sites.  Concerns regarding any such service, resource or link should be directed to the particular outside service or resource.  Inclusion on the Site of any link to another Web site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by Colomer.  Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked sites.

     

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    "Buy Now" Option

      You may purchase Creme of Natureproducts by clicking the "Buy Now" icon. Please note that when you select the "Buy Now" button, you will be directed to a web site (www.teebop.com) that is not owned or controlled by Colomer but rather is a distributor through which our products may be purchased. As noted above, we provide this link merely for your convenience but we are not responsible for the content of such web site or for the availability of access to such web site.

     

     

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    Void Where Prohibited

      Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions.  Colomer reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide.  Any offer for any product or service made in the materials on this Site is void where prohibited.

     

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    Modifications

      Colomer may, at any time, revise these Terms & Conditions by updating this posting.  Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms & Conditions, as changed.

     

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    Choice of Law and Venue

      This Site is controlled and operated by Colomer from its location in Florida. These Terms & Conditions, and our Privacy Policy, shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district that includes Jacksonville, Florida.

     

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    Assignment

      Colomer may wish at some point to assign or transfer its rights in this Site to a third party.  You agree that Colomer may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your personally identifiable information, on the condition that such third party agree to abide by Colomer’s then-applicable Privacy Policy.

     

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    Access Privileges

      Colomer may discontinue, change, or restrict your use of this Site for any reason without notice.  Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with these Terms & Conditions, including the right to block access from a particular Internet address to the Site.

     

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    Severability

      If any provision of these Terms & Conditions, or our Privacy Policy, is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions or the Privacy Policy, which shall remain in full force and effect.  No waiver of any provision of these Terms & Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

     

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    Contact Us

      You may contact us, for any reason, by e-mail as follows:

     

    cremeofnature@us.thecolomergroup.com

    You may contact us by regular mail as follows:

    Roux Laboratories, Inc.
    Attn: Customer Service
    P.O. Box 37557
    Jacksonville, Florida 32236

    Last revised: December 30, 2005

    © 2005 Roux Laboratories, Inc. ALL RIGHTS RESERVED