Effective Date: September 20, 2020
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE OUR SITE.
4. Products Information and Services for Personal Use
The products displayed on the Site can be ordered and delivered only within the U.S. and Canada. In addition to ordering on the Site, Oribe products displayed on the Site may be available in select retail stores around the U.S., Canada and certain foreign markets. All prices displayed on Oribe.com are quoted in U.S. Dollars or Canadian Dollars and are valid and effective only in the U.S or Canada, as applicable.
All material and information presented on the Site or by Oribe is intended to be used for personal, education or information purposes only. The statements made about any of our products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. All products should be used strictly in accordance with their instructions, precautions and guidelines. The statements and products sold through Oribe are not intended to cure, treat, diagnose, or prevent any condition or disease, or to serve as a substitute for professional medical advice. If you are in need of medical attention please consult a physician immediately.
5. Purchase Related Policies and Procedures
7. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. Oribe therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
For the purposed of these Terms of Service, the term “Content”, includes, without limitation, information, data, text, video, written posts, comments, graphics, software and any other features made available or accessible on or through use of the Site. You acknowledge all Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
9. Availability of Content
10. Intellectual Property
The Services including the Site and its Content are owned by Oribe, its licensors, or other providers of such material and are protected by United States, Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or propriety rights laws.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to: (a) reproduce, republish, distribute, transmit, sell, license, store or download the Site or any and/or all Content (except caching or as necessary to view the Site); (b) make any use of the Site or any and/or all Content other than personal use; (c) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (d) collect account information for the benefit of yourself or another party; (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or (f) take any other action that may impose an unreasonable burden or load on our infrastructure.
11. Termination and Enforcement
Oribe reserves the right, at any time, without notice and in its sole discretion, to terminate your license and right to use the Services or Site and to block or prevent your future access to and use of the Services and Site.
12. Your Obligations and Responsibilities
- Use the Services in any way that violates any applicable federal, state, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Oribe or users of the Services, or expose them to liability.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
13. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Special Features, Functionality and Events
15. User Contributions
As part of our Services, we may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials to be displayed on our through the Site (collectively, "User Contributions").
Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, you grant us and our affiliates and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Oribe, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to you or any third party for any User Contributions posted by you or any other user of the Site, including, without limitation, for any errors or omissions in any User Contributions, or for any loss or damage of any kind incurred by you as a result of the use of any User Contributions.
16. Monitoring, Enforcement, Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ORIBE AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
17. Content Standards
These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
18. Copyright Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent that is designated below. It is the policy of Oribe to terminate the accounts of repeat infringers.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
DMCA Notices must be delivered to our designated Copyright Agent:
Oribe Hair Care, LLC
c/o Kao USA Inc.
Attention: Legal Department
2535 Spring Grove Avenue
Cincinnati, OH 45214
19. Idea Submission Policy
Other than those we have specifically requested (and to which specific additional terms apply), our policy is to not accept or consider ideas or suggestions submitted by our users. We have adopted this policy in order to avoid confusion and misunderstandings in case that your ideas, suggestions, or other materials are like ones that have been developed (or may be developed) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If you still choose to send us ideas, suggestions, or other materials, you agree that we are free to use these ideas, suggestions, or other materials in any way that we may deem fit without any liability or payment of any kind to you.
Oribe Hair Care and the Oribe logo and all related names, logos, products and service names, designs and slogans are trademarks of Oribe Hair Care, LLC. You must not use such marks without the prior written permission of Oribe. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
21. Geographic Restrictions
We provide this Site for use only by persons located in the United States and Canada. We make no claims that the Site or any of its Content or Services is accessible or appropriate outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
22. Disclaimer of Warranties; Limitation of Liability
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Waiver; Remedies
25. Governing Law
If you are a resident of the United States or any non-Canadian location, the following applies:
If you are a resident of Canada, the following applies:
26. Consent to Receive Notices Electronically by Posting on the Site and Via Email
28. Your Comments and Concerns
This Site is operated by: Oribe Hair Care LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.