Effective Date: 11/8/22
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
WELLA MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT WELLA MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
- “Account” means a Registered User’s optional account with the Website.
- “Registered User(s)” means any individual who creates an account and/or pays for Services on the Website.
- “User(s)” means all individuals that visit and access the website, including Registered Users.
- “You / Your / You’re” means Users.
About The Website
The Website is an e-commerce website offering and selling consumer packaged foods comprised of healthy and nutritional ingredients, delivering products to Users who order and purchase them, connecting Users to local stores where Wella's products may be purchased, and providing and distributing the latest information and news about and related to Wella's products.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Wella and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Wella makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Ownership of Website and License
You acknowledge and agree that Wella is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Wella.
Wella hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Wella, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Wella.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copyrighted and owned by Wella, unless otherwise stated. All Wella marks are the property of Wella, including, but not limited to:
- MIGHTY N’OATS
- MIGHTY YUMMY
- and all Wella logos
The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Wella. You are prohibited from using Wella's trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Wella.
Website Use & Accounts
Visiting and using the Website is free. You can create an Account for the Website at any time or may do so upon making a purchase through the Website. Through your Account, you will be able to view, change, or delete information from your Account, as well as see your orders, shipment tracking information, and control your Account settings. Creation of an Account is optional and purchases may still be made through the website as a Customer.
You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. Wella reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Wella for any damages that arise out of or in relation to the use of the Website.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users will login to their Account using an e-mail and Account password. Registered Users should not reveal their passwords to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Wella immediately. Registered Users agree to hold harmless and indemnify Wella for any damages that arise out of or in relationship to the use of their Account.
Visiting the Website or making any contact to Wella or through the Website to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Prices for any services and products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinued products. In the event a service or product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. This right to refuse or cancel any order shall exist whether or not the order has been confirmed and you have been charged. If a charge has already occurred and your order is cancelled, we will promptly issue a credit in the amount of the incorrect price.
Payment for Purchases
When making a purchase from the Website for a Wella product, payments are processed through a third-party payment processor, Shopify. By utilizing Shopify you are agreeing to their separate Terms of Service found here.
Wella reserves the right to charge and/or change the service fee at any time. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom. You understand and agree that Wella will not be held liable for any User’s failure to complete a transaction entered into through the Website. If you purchase a monthly (or other periodic) membership, you agree and acknowledged that your subscription has an initial and recurring payment charge each month on the date of your subscription at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation.
Services and Products may be purchased from the Website. Wella accepts credit and debit cards issued by United States banking institutions. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the set up process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online.
You represent and warrant that if you are making online payments that: (a) any credit card debit card or bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit card company, debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including taxes; and (d) you are the person to whom the credit card, debit card or bank account belongs to.
Product Sales and Availability
All prices displayed on the Website are quoted in U.S. Dollars, and are valid and effective only in the United States. Wella reserves the right without prior notice to discontinue or change specifications on products and services offered on this Website without incurring any obligations.
Wella reserves the right, at its sole discretion, to refuse or cancel any order for any reason. If any order is so cancelled, you will be notified and all payments made will be refunded.
Delivery of Services or Products to a carrier at Wella's loading point shall constitute delivery to you. Regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by you. Claims for shortages or other errors in delivery must be made immediately after receipt of shipment. Wella's shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Wella's control, including without limitation, any act of God, act of User, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, delay in terrorism, or delays by Wella's suppliers.
Shipping and Return Policy
The purchase of all Services and Products is subject to Wella's Shipping and Return Policy. You acknowledge, agree and consent to the terms of our Shipping and Return Policy.
User Generated Content
Users may submit content to the Website, including, but not limited to text, photos, ideas, suggestions, information, files, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Wella does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Wella a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You agree not to upload any User Generated Content that is (a) defamatory, libelous, unlawful, obscene, threatening, harmful or could encourage criminal or unethical behavior; (b) contains or transmits a virus, trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful; or (c) is otherwise harmful to Wella or any other person or entity.
You agree that you are solely responsible for any User Generated Content that you submit to the Website. Wella acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Wella does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Wella reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Wella also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
To learn more about Wella's copyright policies and learn how to submit an infringement claim based upon User Generated Content, please reference Wella's Copyright Policy below.
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 the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. 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 Website, 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.
Our Designated Copyright Agent to receive DMCA Notices is:
Wella Copyright Agent
Traverse Legal, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49684
Email Address: email@example.com
With a copy emailed to firstname.lastname@example.org
If you fail to comply with all 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 Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
- Posting or transmitting content that:
- Infringes upon the intellectual property rights of others;
- Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
- Using a robot, spider, scraper, or other automated technology to access the Website;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Attempting to gain access to the private data or personal information of a Website user or third party;
- Circumventing Wella's technological and physical security measures;
- Suggesting an affiliation with or endorsement by Wella.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Wella by sending an email to: email@example.com.
Wella is located in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Wella is not responsible for any fees or errors that occur while accessing the Website via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that Wella is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Wella may edit, remove, or control the content displayed through the Website, you agree that Wella will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that Wella does not own or control. You agree that Wella will not be held responsible or liable for the content of third-party websites, applications, or services and that Wella's inclusion of those websites, applications, or services within its Website does not constitute Wella's endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, Wella will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Wella does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Wella and are not intended to be used for product endorsement purposes.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Wella may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
Wella represents and warrants that the Services and Products sold through the Website will be of good and merchantable quality and free from defects. Wella shall, in its sole option, replace or refund the purchase price of any defective products.
WELLA DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. WELLA PROVIDES THE WEBSITE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
WELLA WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. WELLA IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. WELLA RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
WELLA WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
REPLACEMENT OR REFUND SHALL BE THE COMPANY’S SOLE LIABILITY AND PURCHASER’S SOLE REMEDY WITH REGARD TO DEFECTIVE PRODUCTS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES LOST PROFITS, OR OTHER OUT OF POCKET COSTS, WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW FOR SALES MADE TO THE PURCHASER.
WELLA WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT WELLA CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO WELLA, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WELLA IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Wella, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any products or services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Wella under the terms of this Agreement will not provide you with the right to control Wella's defense, and Wella reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Wella.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Wella may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Jurisdiction, Governing Law, and Resolution of Disputes
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.
YOU AND WELLA AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM WELLA, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND WELLA AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND WELLA AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Wella will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Wella inadvertently collects such personally identifiable information, Wella will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
WELLA AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WELLA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to Wella.
Any notice required by this Agreement must be in writing and must be emailed to: firstname.lastname@example.org.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.