NaturallyCurly (“NaturallyCurly,“ “we,” “us,” or “our”) operates a network of websites and services (the “NaturallyCurly”). The term “you” refers to the person accessing or using the NaturallyCurly, or the company or organization on whose behalf that person accesses the NaturallyCurly.
Please read this Agreement carefully. Your use of or registration on any aspect of the NaturallyCurly will constitute your agreement to comply with this Agreement. If you do not agree to this Agreement, you must cease use of the NaturallyCurly.
The Agreement may be modified from time to time. The date of the most recent revisions will appear on this page, so check back often. By using the NaturallyCurly after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the NaturallyCurly and, if applicable, you should arrange to cancel your registered user account.
Your failure to follow this Agreement, whether listed below or in bulletins, rules or other notices posted at various points in the NaturallyCurly, may result in suspension or termination of your access to the NaturallyCurly, without notice, in addition to NaturallyCurly’s other remedies.
NaturallyCurly reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (a) this Agreement; or (b) your registration with or ability to access the NaturallyCurly or any other service, tool, specific content, digital products or products provided to you by NaturallyCurly, upon any breach by you of this Agreement or otherwise.
3. Your Use of the NaturallyCurly.
No Use if You’re under 13.
The NaturallyCurly is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the NaturallyCurly or submitting their personally identifiable information to us, and from using portions of the NaturallyCurly for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, blogs, and contests/sweepstakes.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, data, statistics, analysis, and all other content, information, and materials (collectively, “Content”) available on or through the NaturallyCurly, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, or service providers (collectively, “licensors”), or by you, or other users or third parties, including any Content which is uploaded manually or bookmarked by you or other users. Content that is provided by us or our licensors is protected by copyright, trademark and other intellectual property laws, rules, and regulations (“IP Rights”), and is our property or the property of our licensors.
The NaturallyCurly is for your personal, noncommercial use except where expressly permitted. Republication, retransmission, reproduction, downloading or making any other use of the Content on the NaturallyCurly is expressly prohibited.
Please carefully consider the Content you choose to post on the Network, including, but not limited to, any message board or blog or any comment or profile. You should not include personally identifying information, such as your telephone number, street address or last name, on any area of the NaturallyCurly that is accessible to the general public or provide it to people you do not know. NaturallyCurly assumes no responsibility or liability of any kind for any material or information, products or services you may be provided by other users of the NaturallyCurly, including its or their quality, accuracy, and appropriateness.
You agree that you will not use the NaturallyCurly to post on message boards, blogs, profiles, comments or any place on the NaturallyCurly, any message or material of any kind or nature that is unlawful, abusive, threatening, harassing, vulgar, obscene, profane, libelous, defamatory, harmful, racially offensive, sexually explicit, inaccurate, or otherwise objectionable material as determined by NaturallyCurly in its sole discretion or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. “Masked” vulgarity, obscenity or profanity (e.g. “f***”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the NaturallyCurly. NaturallyCurly reserves the right to delete any such material from the NaturallyCurly. NaturallyCurly will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms contained in this Section. Please see our Community Ground Rules.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of NaturallyCurly. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the NaturallyCurly to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Content is protected by IP Rights; (ii) these IP Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, this Agreement and applicable copyright, trademark and other laws govern your use of such Content. You may not post to the NaturallyCurly, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any IP Rights. You acknowledge that NaturallyCurly may acquire IP Rights to use any posted materials as described below, and that you will not acquire any of those IP Rights by downloading such materials.
By submitting Content, including your member name, to any “public area” of the NaturallyCurly, including message boards, blogs, forums, contests, public profiles, or comments, you grant NaturallyCurly (i) a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any IP Rights that may exist in such Content, and (ii) the right to authorize others to do any of the foregoing. In addition, you warrant that, to the extent that you are not the exclusive holder of all IP Rights in Content you submit, the holder of any IP Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store, and reproduce such Content that you have made public for personal use. Subject to the foregoing, the owner of such Content placed on the NaturallyCurly retains any and all IP Rights that may exist in such Content.
NaturallyCurly is not obligated to review Content posted by users prior to the Content’s posting to any area of the NaturallyCurly, including any private profile. Content posted by any user to the NaturallyCurly does not reflect the opinions or views of NaturallyCurly or its affiliates. NaturallyCurly makes no warranty, whether express or implied, as to the accuracy of any Content or material that you send to other NaturallyCurly members through any NaturallyCurly service.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE NaturallyCurly, YOU HEREBY EXPRESSLY PERMIT NaturallyCurly TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT.
Unless otherwise specified, the NaturallyCurly is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the NaturallyCurly by you and by those you authorize, provide access to or otherwise allow to use the NaturallyCurly, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device from which the NaturallyCurly is accessible.
Social Networking on the NaturallyCurly.
The NaturallyCurly social networking service allows members to create unique personal profiles, communicate and share materials with other members through tools, such as video and photograph uploading, blogs, product reviews, comments, salon ratings, and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use its services. Your use of the social networking platform is subject to this Agreement and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another’s account without permission. If you become aware of any misuse of the NaturallyCurly by any person, please contact NaturallyCurly as specified on the Contact Us link.
Compliance with Laws.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations, including applicable import and export control laws, in accessing and using the NaturallyCurly, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Network.
4. Registration and Account Creation.
Use of User ID/Password.
If you register or set up an account on the NaturallyCurly, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information or this Agreement to any third party without our written approval. Any attempt to do so will be null and void, and will be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Improper Use of Account; Right to Accept, Cancel or Limit Orders.
Fees and Payment.
The NaturallyCurly is provided free of charge to you (unless otherwise indicated). However, NaturallyCurly or NaturallyCurly Merchants (defined below) may charge you fees for products or services offered for sale through the NaturallyCurly. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the NaturallyCurly by NaturallyCurly or by any Third Party Merchant (such fees, charges and taxes are collectively referred to as “Fees”). NaturallyCurly reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to NaturallyCurly upon registration or otherwise, you give NaturallyCurly permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to NaturallyCurly for any reason, including charge back, NaturallyCurly reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
You will ensure that none of the equipment, hardware, software, products, or services you use to access, visit, or use the NaturallyCurly will disturb or interfere with our operation of the Network, or impede or interfere with others’ access, visitation or use of the Network. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the NaturallyCurly any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, NaturallyCurly or any Content.
6. Products Available for Sale.
The NaturallyCurly can be accessed from countries around the world. You understand that some or all products or services provided on or through the NaturallyCurly may not be available for purchase to persons residing in certain jurisdictions or geographic areas. NaturallyCurly does not represent or warrant that any product or service promoted on the NaturallyCurly will be available for purchase by any particular person.
7. Third Party Sites and Services.
The NaturallyCurly contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You may order services or merchandise through the NaturallyCurly from other persons not affiliated with NaturallyCurly (“Third Party Merchants”). All matters concerning the merchandise and services desired from a Third Party Merchant, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant. NaturallyCurly makes no warranties or representations whatsoever with regard to any goods or services provided by Third Party Merchants. You will not consider NaturallyCurly nor will NaturallyCurly be (a) construed as a party to such transactions, whether or not NaturallyCurly may have received some form of revenue or other remuneration in connection with the transaction, or (b) liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
8. Monitoring and Complaints against Other Users.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the NaturallyCurly, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, blogs, and elsewhere, to foster compliance with the Agreement. You specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (I) the NaturallyCurly, or any portion of it, will be monitored for accuracy or unacceptable use, (II) apparent statements of fact will be authenticated, or (III) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
What to Do if You Have a Complaint against Another User.
- Remember that by using the NaturallyCurly you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of that Content is actionable. We ask that you not use the NaturallyCurly, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following.
- Harassment: If you have reason to believe that another person is using the NaturallyCurly in a way that is harmful to you (for example, to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.
- Copyright Complaints: If you have reason to believe that your Content has been copied or is accessible on the NaturallyCurly in a way that constitutes copyright infringement, or that the NaturallyCurly contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Notices.
- CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C), funded in part by the Bureau of Justice Assistance (BJA).
- IMPORTANT: False or inaccurate accusations that others have committed a crime, inappropriate act, or violation of this Agreement, could be a violation of criminal or civil law, or otherwise expose you to liability for damages (including costs and attorneys’ fees).
9. Disclaimer regarding Sensitive Information.
While you may freely discuss hair care topics of interest to you, and the NaturallyCurly may include general Content relating to a range of hair care topics, including hair type information, treatment tips, or product recommendations, you should not rely on the NaturallyCurly for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and risks associated with use of Content obtained on or through the NaturallyCurly before making any decisions based on such Content.
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by NaturallyCurly, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of products or services is maintained with appropriate privacy and security protections.
Any communications between you and NaturallyCurly, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the NaturallyCurly, including any products or services, will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
11. Copyright Notices.
We respect the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content on the NaturallyCurly infringes your copyright, you (or your agent) may send NaturallyCurly a notice requesting that the Content be removed or access to it blocked.
The notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to:
Attn: DMCA/Copyright Agent
3636 Executive Center Dr. Suite 100
Austin, TX 78731
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.
12. Disclaimer of Warranties.
You acknowledge that you are using the NaturallyCurly at your own risk. The NaturallyCurly is provided “AS IS,” “with all faults,” and “as available.” NaturallyCurly, ITS AFFILIATES, AND ITS VENDORS AND MERCHANTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE NaturallyCurly. NaturallyCurly, ITS AFFILIATES, AND ITS VENDORS AND MERCHANTS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE NaturallyCurly WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE NETWORK.
13. Limitation of Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE NaturallyCurly.
IN NO EVENT SHALL THE LIABILITY OF NaturallyCurly, OR OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE NaturallyCurly, INCLUDING SERVICES AND PRODUCTS, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE. NaturallyCurly, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE NaturallyCurly UNDER IT, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE NaturallyCurly, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE NETWORK, YOUR USE OF OR RELIANCE ON THE NaturallyCurly OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE NETWORK, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
We will make every reasonable effort to resolve any disagreements that you have with NaturallyCurly. If those efforts fail, by using the NaturallyCurly you agree that any claim, dispute, or controversy you may have against NaturallyCurly arising out of, relating to, or connected in any way with this Agreement, the NaturallyCurly or the purchase or sale of any product or service will 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”). You agree further that: (a) the arbitration will be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and NaturallyCurly; (b) the arbitrator will apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law; (c) there will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your 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; (d) each of us will be responsible for our own costs except that in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NaturallyCurly will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) 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 will 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 (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision will be null and void, and neither you nor NaturallyCurly shall be entitled to arbitrate its dispute.
You agree to defend, indemnify and hold harmless NaturallyCurly, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (a) your use of and access to the NaturallyCurly; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the NaturallyCurly.
16. Reservation of Rights and Release.
NaturallyCurly reserves the right, but has no obligation, to monitor, or take any action NaturallyCurly deems appropriate regarding disputes that you may have with other customers of ours or any vendors or Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any vendors or Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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.”
17. Termination of Suspension of Access to the NaturallyCurly.
NaturallyCurly has the right to terminate and/or suspend your ability to access the NaturallyCurly or any portion thereof, for any or no reason, without notice.
18. Electronic Communications.
The communications between you and NaturallyCurly use electronic means, whether you visit the NaturallyCurly or send us emails, or whether NaturallyCurly posts notices on the NaturallyCurly or communicates with you via email. For contractual purposes, you (a) consent to receive communications from NaturallyCurly in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NaturallyCurly provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
NaturallyCurly makes no representation that materials on the NaturallyCurly are appropriate, available or legal in any particular location. Those who choose to access the Network do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, will be governed and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein.
20. General Terms.
NaturallyCurly may modify or discontinue the NaturallyCurly, any portion thereof, or any of its services, tools, digital products, products, or events with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND NaturallyCurly AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE NaturallyCurly MUST COMMENCE WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept this Agreement. You affirm that you are either more than 18 years of age, 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 as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of NaturallyCurly.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
21. Entire Agreement.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of NaturallyCurly’s rights under this Agreement will not be valid or effective except in a written agreement which has been physically signed by an officer of NaturallyCurly. No purported waiver or modification of this Agreement by NaturallyCurly via telephonic or email communications will be valid.
Last revised on April 8, 2014