Register

    ACCEPTANCE OF TERMS AND CONDITIONS

    Please read these terms and conditions of use ("Terms of Use") carefully before using the website www.NaturallyCurly.com ("Site"). By using Curly Deals, you ("you" or the "End User") agree and signify your assent to these Terms of Use provided by NaturallyCurly, Inc. If you do not agree to these Terms of Use specified in this agreement ("Agreement"), please do not use the services, products, or future discounts ("Curly Deals") offered by NaturallyCurly.

  1. Restriction on Use of Materials:

    This Site is owned and operated by NaturallyCurly, Inc. (referred to as "NaturallyCurly", "we," "us," or "our" herein). NaturallyCurly reserves the right at all times and in its sole discretion, to amend the Terms of Use and/or our Privacy Policy, and to modify, add or discontinue any aspect, content, or feature of the Site. Such changes may include, among other things, the adding of certain fees or charges. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which will be provided to you by posting on the Site. However, it is your responsibility to watch for such postings. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. In addition, notices to you may be made via email, regular mail or by displaying notices or links to notices to you generally on the Site.

    No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, made into a derivative work or distributed in any way, including but not limited to text, audio, video, code and software, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on this Site, all trademarks, service marks and trade names are proprietary to NaturallyCurly. NaturallyCurly neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with NaturallyCurly.

  2. General:

    Curly Deals provides an interactive online service operated by NaturallyCurly, on the World Wide Web or Internet (the "Internet"), consisting of information services, content and transaction capabilities facilitated through NaturallyCurly, affiliates of NaturallyCurly or merchants ("Merchants") offering discounts for sale ("Discounts") which may be exchanged for goods/services at Merchants and other third parties.

    The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of NaturallyCurly, and NaturallyCurly shall not be responsible for any data lost while transmitting information on the Internet. While it is NaturallyCurly's objective is to make Curly Deals accessible 24 hours per day, 7 days per week, Curly Deals may be unavailable from time to time for any reason including, without limitation, routine maintenance, communications failures, weather, natural disasters, traffic overloads, acts of God, or other events or circumstances. You understand and acknowledge that due to circumstances both within and outside of the control of NaturallyCurly, access to Curly Deals may be interrupted, suspended or terminated from time to time.

    NaturallyCurly shall have the right at any time to change or discontinue any aspect or feature of Curly Deals, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, NaturallyCurly may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.You represent that you are legally able to accept the terms of this Agreement and have read and agree to abide by this Agreement, you have read and agree to our Privacy Policy, any information you submit is truthful and accurate, and your use of the Site does not violate any applicable law or regulation. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And affirm that you are, in any case, 13 years of age or older, and 18 years of age or older to make any purchase. If you are under age 13, you must please cease use of Curly Deals and the Site.

  3. Equipment:

    End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. NaturallyCurly shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

  4. End User Conduct:

    This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Curly Deals (the "Partners") are private property. All interactions on this Site and/or the Partners must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Curly Deal and the Partners to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NaturallyCurly's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in NaturallyCurly's exclusive discretion restricts or inhibits any other end user from using or enjoying this Site and/or any of the Partners is strictly prohibited. End User shall not use this Site or any of the Partner's sites to advertise or perform any commercial, religious, political or non-commercial solicitation, marketing, or publishing, including, but not limited to, the solicitation of users of this Site and/or the Partners to become users of other on- or offline services directly or indirectly competitive or potentially competitive with NaturallyCurly.

    The foregoing provisions of this Section 4 apply equally to and are for the benefit of NaturallyCurly, its subsidiaries, affiliates, Merchants 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.

  5. Copyright and Trademarks:

    The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of NaturallyCurly and their respective owners. Everything located on or in this Site, including the Partners, is the exclusive property of NaturallyCurly, or is used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE NETWORK SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF NATURALLYCURLY, IS STRICTLY PROHIBITED. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NaturallyCurly or such third party that may own the trademarks displayed on the Site. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. This Site and any Partner sites contain 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 Curly Deals are protected by copyright as a collective work under the United States copyright laws. NaturallyCurly owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End 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. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NaturallyCurly or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on Curly Deals or a Partner Site otherwise owned or operated in conjunction with NaturallyCurly shall not be deemed to be in the public domain but rather the exclusive property of NaturallyCurly, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of NaturallyCurly unless otherwise stated. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that NaturallyCurly will aggressively enforce its intellectual property rights to the fullest extent of the law. End User shall not upload, post or otherwise make available on this Site 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. NaturallyCurly does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Partner Site, End User warrants that the owner of such material has expressly granted NaturallyCurly 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. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants NaturallyCurly the right to edit, copy, publish and distribute any material made available on this Site or any Partner Site by End User. The foregoing provisions of Section 5 apply equally to and are for the benefit of NaturallyCurly, its subsidiaries, affiliates, Merchants 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.

  6. Infringement Policy:

    NaturallyCurly reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to NaturallyCurly by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via Curly Deals or any Partner Site in a way that constitutes copyright infringement, you shall provide NaturallyCurly with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on Curly Deals or any Partner Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for NaturallyCurly's Copyright Agent for notice of claims of copyright infringement and compliance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2) is as follows:

    NaturallyCurly, Inc.,
    Attn: DMCA/Copyright Agent
    6604 North Lamar Blvd.
    Austin, TX 78752
    dmca@NaturallyCurly.com

    We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

  7. Disclaimer of Warranty:

    END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE NETWORK OF SITES IS AT END USER'S SOLE RISK. NEITHER NATURALLYCURLY, THE NETWORK OF SITES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF CURLY DEALS OR ANY PARTNER SITE WILL BE UNINTERRUPTED OR ERROR FREE ON THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE USE OR THE THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, OR ANY PARTNER SITE, NETWORK SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DISCOUNTS PROVIDED THROUGH THIS SITE, THE NETWORK SITES, OR PARTNER SITES. THIS SITE AND THE PARTNER SITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NATURALLYCURLY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE IMPLIED WARRANTIES OF MERCHANTABILITY AND NONINFRINGEMENT, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, AND FITNESS FOR A PARTICULAR PURPOSE.

  8. Limitation of Liability:

    YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MODIFICATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. IN NO EVENT SHALL NATURALLYCURLY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, NATURALLYCURLY'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NATURALLYCURLY OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NATURALLYCURLY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

  9. Monitoring:

    NaturallyCurly shall have the right, but not the obligation, to monitor the content of Curly Deals and any Network Site at all times, including any chat rooms and forums that may hereinafter be included as part of Curly Deals, to determine compliance with this Agreement and any operating rules established by NaturallyCurly, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, NaturallyCurly shall have the right, but not the obligation, to remove any material that NaturallyCurly, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  10. Privacy:

    End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. NaturallyCurly does not control or endorse the content, messages or information found in any Community, and, therefore, NaturallyCurly specifically disclaims any liability concerning the Communities and any actions resulting from End Users' participation in any Community, including any objectionable content. Generally, any communication which End User posts to NaturallyCurly (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by NaturallyCurly as confidential, that fact will be stated on those pages. By posting comments, messages or other information on Curly Deals or any Microsite, End User grants NaturallyCurly the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see NaturallyCurly's Privacy Policy.

  11. License Grant:

    By posting communications on or through this Site or any Partner Site, End User shall be deemed to have granted to NaturallyCurly a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

  12. Indemnification/Release:

    End User agrees to defend, indemnify and hold harmless NaturallyCurly, its affiliates and their respective directors, officers, employees and agents from and against all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of any breach by you of these Terms of Use, your use of the Site, or related to any products or services purchased by End User in connection with Curly Deals, NaturallyCurly or any Partner Site. NaturallyCurly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NaturallyCurly's defense of such claim.

    End User is solely responsible for interactions with Merchants and other users of Curly Deals or Microsites. To the extent permitted under applicable laws, End User hereby releases NaturallyCurly from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

    In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  13. Termination:

    NaturallyCurly may terminate this Agreement at any time. Without limiting the foregoing, NaturallyCurly shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which NaturallyCurly, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 1, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement."

  14. Trademarks:

    Curly Deals is a trademark of NaturallyCurly. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on NaturallyCurly are the property of their respective owners.

  15. Merchants and Third-Party Content:

    Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. NaturallyCurly will not be liable for any loss and/or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.

    NaturallyCurly will not be responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Discounts or portions thereof. You waive, and release NaturallyCurly and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher, purchase, or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Discounts or any portion thereof.

    NaturallyCurly, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, NaturallyCurly 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, or any other end users are those of the respective author(s) or distributor(s) and not of NaturallyCurly.

    In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with NaturallyCurly. NaturallyCurly neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on NaturallyCurly by anyone other than authorized NaturallyCurly employee spokespersons while acting in official capacities. Under no circumstances will NaturallyCurly be liable for any loss or damage caused by an end user's reliance on information obtained through NaturallyCurly. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through NaturallyCurly.

    NaturallyCurly contains links to third-party websites maintained by other content providers. We have no control over and are not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with us. Any websites linked to or from our Site are for your convenience only, and you access them at your own risk.Unless you have executed a written agreement with NaturallyCurly expressly permitting you to do so, you may not provide a hyperlink to Curly Deals or any Partner Site from any other website. NaturallyCurly reserves the right to revoke its consent to any link at any time in its sole discretion.

  16. Miscellaneous:

    This Agreement, including the Privacy Policy included on the Site (which are incorporated into this Agreement), and any operating rules for NaturallyCurly established by NaturallyCurly, constitute the entire agreement of the parties with respect to the subject matter and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an authorized officer of NaturallyCurly.. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. You also acknowledge and agree that we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. The section headings used herein are for convenience only and shall be of no legal force or effect. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely with such state. All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this Site and any and all other NaturallyCurly site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of Texas, and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder unless acknowledged and agreed to by us in writing.

  17. Arbitration:

    By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against NaturallyCurly arising out of, relating to, or connected in any way with this Agreement, this Site, any Network Site, Partner site, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and NaturallyCurly; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or NaturallyCurly's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NaturallyCurly will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor NaturallyCurly shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

  18. Disclosures:

    NaturallyCurly, Inc. is located at 6604 North Lamar Blvd., Austin, TX 78752. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.