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Terms and Conditions
1.
Introduction:
1.1
Welcome to the Professional
Beauty Corporation (ProBeautyCorp), Empowerment
of the Beauty Professional Worldwide. We hope that you enjoy
your learning experience and thank you for your business.
These Terms and Conditions of Use (collectively, the "Agreement")
govern your use of Professional Beauty Corporation's OnLine
E-Training Center, an Internet subscription service operated
by Professional Beauty Corporation (the "Service").
The Service consists of computing and information services
and software, information, interactive forums and other content
provided by Professional Beauty Corporation and its affiliates
(collectively "ProBeautyCorp"). In addition,
third parties provide information, software and other content,
licensed by Professional Beauty Corporation, which may be
accessed over the Service.
1.2
Your participation in the Service is conditioned upon your
acceptance of this Agreement. Please carefully read this Agreement
and indicate your acceptance by using the Service, enrolling
in a class, workshop or seminar, downloading an e-book, or
by purchasing any of our physical products. Professional Beauty
Corporation reserves the right, in its discretion, to change
or modify all or any part of this Agreement, at any time.
Such changes or modifications shall be effective immediately
upon publication on the Service. Your continued use of the
Service constitutes your binding acceptance of these terms
and conditions including any changes or modifications made
by Professional Beauty Corporation as permitted above.
If
at any time, any part of this Agreement is no longer acceptable
to you, you should immediately terminate your use of this
Service. Professional Beauty Corporation is not obligated
to refund any portion of fees paid or which remain payable,
but it may consider requests for refund in its sole and absolute
discretion.
This
Agreement is the entire agreement relating to its subject
matter between you and Professional Beauty Corporation and
it supercedes any prior proposal, representation or understanding
between the parties, unless expressed in a formal contract,
which will be interpreted in a manner consistent with this
Agreement.
2.
Grant of License:
Professional
Beauty Corporation grants you the right, with a standard web
browsing program not supplied by Professional Beauty Corporation
(a "Browser") to use the Service that contains
information, software, photographs, audio and video clips,
graphics and other material (collectively, the "Content")
for your own individual (non-commercial) use on one personal
computer or other device capable of displaying the Content
at a time. You may not share your access nor distribute any
Content from the Service to others without the prior written
permission of Professional Beauty Corporation.
3.
Use of Service Content:
3.1
You acknowledge that the Service contains Content that is
protected by copyright, trademark or other proprietary rights
of Professional Beauty Corporation, its affiliates, or third
parties. All Content on the Service is copyrighted as a collective
work of Professional Beauty Corporation pursuant to applicable
copyright law or has been licensed by Professional Beauty
Corporation. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. The Content
is intended for the individual, noncommercial use of the registered
subscribers of the Service.
3.2
You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display,
or in any way exploit, any of the Content, in whole or in
part, except as expressly permitted in this Agreement. Content
consisting of or containing downloadable software may not
be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright.
3.3
You may download or copy the Content only for your own individual
use, and further provided that you maintain all copyright
and other notices contained in such Content. You shall not
store electronically any significant portion of any Content,
except as may be temporarily stored by your Browser in its
ordinary operation. Except as expressly permitted by the copyright
laws, no copying, storage, redistribution or publication of
any Content is permitted without the express permission of
Professional Beauty Corporation or the owners of such Content.
3.4
You may upload to or download from the Service any Content
in the public domain (content that is not protected by copyright
or other law) for your own individual use or for noncommercial
redistribution. You assume all risk and responsibility for
determining whether any Content is in the public domain, regardless
of any notices that may be posted on such Content.
3.5
You grant to Professional Beauty Corporation, the right to
edit, copy, publish, distribute, translate and otherwise use
any Content that you place on the Service, in any medium.
You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
4.
Service Rules of Conduct:
You
may use the student forum for lawful purposes only. You may
not upload to, or distribute or otherwise publish through
the Service, any Content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening,
or otherwise objectionable to Professional Beauty Corporation
in its sole and absolute discretion, (b) contains viruses
or other contaminating or destructive features, (c) violates
the rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates any
right of privacy or publicity, or (d) otherwise violates any
applicable law. You may not use the Service for any commercial
purpose and may not distribute over the Service any advertising
or solicitation of funds or goods and services. In addition,
you may not use the Service to solicit subscribers to join
other online information services that are competitive with
the Service.
5.
Managing Content:
Professional
Beauty Corporation does not and cannot review generally the
content posted by subscribers of the Service ("Subscribers'
Content") and is not responsible for such Subscribers'
Content. However, Professional Beauty Corporation reserves
the right to cancel your access to these areas and/or delete,
move, or edit any Subscribers' Content (including messages
posted in any forum) that it may determine, in its sole discretion,
violates this Agreement. You shall remain solely responsible
for all Subscribers' Content posted by you or by any other
person using your account. Professional Beauty Corporation
shall have the right, but not the obligation, to correct any
errors or omissions in any Subscribers' Content, as it may
determine in its sole discretion.
6.
No Endorsement:
6.1
Professional Beauty Corporation does not represent or endorse
the accuracy or reliability of any Subscribers' Content displayed,
uploaded, posted on any message board, or otherwise distributed
through the Service by any subscriber, information provider
or any other third party. Professional Beauty Corporation
expressly disclaims any liability related to Subscribers'
Content, and you acknowledge that any reliance upon such Subscriber
Content shall be at your sole risk.
6.2
The Service may contain links to sites on the Internet which
are owned and operated by third parties (the "External
Sites"). You acknowledge that Professional Beauty
Corporation is not responsible for the availability of, or
the content located on or through, any External Site. You
should contact the site administrator or Webmaster for those
External Sites if you have any concerns regarding such links
or External Sites.
7.
Subscriber Qualifications:
7.1
As part of the registration process, you will either be given
an access key or a user id and password. If you are given
an access key, you will select a password and fill in certain
information about yourself. You must provide accurate, complete,
and current registration information and you agree to provide
Professional Beauty Corporation with any updates to that information
promptly after such changes occur.
7.2
Individual subscriptions to the Service are available only
to persons who are at least 18 years of age. Minors may receive
access keys or user id/passwords only as part of an authorized
group subscription. Your right to use the Service is personal
to you and cannot be transferred to any other person.
7.3
You are responsible for all use of your account under any
password by any person, whether or not authorized by you,
and for ensuring that all use of your account complies with
this Agreement.
7.4
You shall be responsible for obtaining communication services,
computer equipment and other products or services necessary
to access and use the Service. You shall be responsible for
all charges associated with accessing and maintaining a connection
to the Service including, but not limited to, charges imposed
by an Internet Service Provider, or your local telephone company.
8.
Subscriber Information:
Unless
you elect otherwise by making the appropriate selection on
the Professional Beauty Corporation personal information page,
Professional Beauty Corporation shall have the right to disclose
certain limited subscriber information including, but not
limited to, the subscriber's name, e-mail and mailing address,
to affiliates, partners and third party vendors for the purpose
of providing subscribers with information about products and
services. Professional Beauty Corporation shall also have
the right to disclose aggregate information about subscriber
usage and demographics in a manner that does not reveal the
personal identity of any individual subscriber. Professional
Beauty Corporation shall have the right to send you electronic
mail to inform you of changes or additions to the Service,
or of any products and services of Professional Beauty Corporation.For
additional information, see our Privacy
Policy
9.
Service and System Availability:
Professional
Beauty Corporation uses reasonable efforts to maximize system
availability. Should technical difficulties occur with the
Service, Professional Beauty Corporation shall make a reasonable
effort to correct the problem and is not responsible for any
down time. Professional Beauty Corporation is not responsible
for any technical difficulties resulting from the World Wide
Web, internet access, computer hardware or software.
10.
Indemnity:
You
hereby agree to indemnify, defend and hold Professional Beauty
Corporation, and all of its officers, directors, employees,
owners, agents, information providers, affiliates and licensors
(collectively, the "Professional Beauty Corporation
Representatives") harmless from and against any and
all liability, losses, costs and expenses (including attorneys'
fees) incurred by Professional Beauty Corporation or any
Professional Beauty Corporation Representative in connection
with any claim arising out of any use or alleged use of your
account or password by any person, whether or not authorized
by you. Professional Beauty Corporation 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 Professional
Beauty Corporation's defense of such claim.
11.
Termination of Service:
11.1
Professional Beauty Corporation reserves the right, in its
sole discretion, to restrict, suspend or terminate your access
to all or any part of the Service at any time for any reason
without prior notice or liability and without any obligation
to refund any portion of fees paid.
11.2
Professional Beauty Corporation may change, suspend or discontinue
all or any aspect of the Service at any time, including the
availability of any Service feature, database, or content,
without prior notice or liability.
12.
Disclaimer of Warrantees; Limitation of Liability:
12.1
THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NONE OF PROFESSIONAL BEAUTY
CORPORATION, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT
OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER PROFESSIONAL
BEAUTY CORPORATION OR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PROFESSIONAL BEAUTY
CORPORATION, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT.
12.2
NEITHER PROFESSIONAL BEAUTY CORPORATION, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
12.3
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF PROFESSIONAL BEAUTY CORPORATION,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13.
Third Party Rights:
The
provisions of paragraphs 3, 4, 10, 12 and 16 are for the benefit
of Professional
Beauty Corporation, Third Party Content providers and
their respective employees, agents and contractors; and each
such party will have the right to enforce such provisions
directly on its own behalf.
14.
Privacy:
Please
refer to our privacy
policy for information.
15.
Secured Purchases on the Service:
Please
refer to our safe shopping guarantee for information.
16.
Miscellaneous:
This
Agreement shall be construed in accordance with the laws of
the State of California, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal
or state courts located in Orange County, California. This
Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement may not
be amended except in writing signed by both parties and no
waiver by either party shall be deemed a waiver of any preceding
or subsequent breach or default. The provisions of sections
3, 4, 7, 8, 10, 11, 12, 13, 14, and 16 shall survive any termination
of this Agreement, as well as any other provisions which by
their terms or sense are intended to survive.
Contact
Data Update or Correction.
Users have
the following options for changing and modifying information
previously provided to the site.
1. Send e-mail to:
PBC Support
2. Call the following telephone
number: (800) 372.0255
3. Mail to:
| Professional
Beauty Corporation
6937 Orangewood Avenue
Cypress, CA 90630-5742 |
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Contacting
Us.
If you have
any questions about these terms and conditions, your website
experience with us, or our business practices.
Please contact:
C. Tito Booth
President/CEO
Cypress, California
800.372.0255
E-Mail: postmaster@probeautycorp.com |
