IMPORTANT LEGAL NOTICE! PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
TABLE OF CONTENTS
GENERAL
Welcome to the VO5 Australia website. Please carefully review these terms and conditions of use ("Terms of Use"), the PRIVACY POLICY , and the terms and conditions on our websites that govern particular offers or features (e.g. uploads, contests and registration) ("Additional Terms and Conditions"). These Terms of Use, the Privacy Policy, and any applicable Additional Terms and Conditions together form the Agreement between you and VO5 (the "Agreement") which collectively govern your use of and access to any VO5 website and any and all content, data and information contained therein. VO5 is a brand of Alberto-Culver Company and references to VO5 are references to the Alberto-Culver Company, it subsidiaries and affiliates. YOUR USE OF ANY VO5 WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS THE SAME MAY BE AMENDED OR SUPPLEMENTED OR REPLACED FROM TIME TO TIME BY VO5, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY VO5 WEBSITE.
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MODIFICATIONS OF THIS AGREEMENT
We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any VO5 website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any VO5 website.
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LINKS
VO5 is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from any VO5 website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or linked by or through such third party sites. We do not make any representations or warranties as to the security of any information you might give on any third party site.
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SOLELY INTENDED FOR AUSTRALIAN USERS
Unless otherwise explicitly specified on a VO5 website, the information on all VO5 websites is intended solely for use and access by persons residing in Australia. VO5 controls and operates its Websites from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on any of the VO5 websites is appropriate for use or access in other locations. Anyone using or accessing any of the VO5 websites from other locations do so on their own initiative and are responsible for compliance with local Australia and other laws, if and to the extent applicable.
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USE
All VO5 websites and their contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, some or all materials that are included in or are otherwise a part of any VO5 website comprise copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by VO5 or by third parties who have licensed their materials to VO5 and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any VO5 website is the exclusive property of VO5 and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any VO5 website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of materials on this site to any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, your use of any VO5 site must comply with all applicable laws and you agree not to: (d) use or access any VO5 website for any purpose that is unlawful or is prohibited by this Agreement; (e) use or access any VO5 website in a manner that could damage, disable, overburden, or impair any VO5 server or the networks connected to any VO5 server; (f) interfere with any third party’s use and enjoyment of any VO5 website; or (g) attempt to gain unauthorized access to accounts, computer systems or networks connected to any VO5 server through hacking, password mining or any other means.
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REGISTRATION, AUTHORIZATION AND ACCESS
To enter certain portions of a VO5 website, you may be required to submit an on-site registration form, which may include, without limitation, your name, email address, age, gender and/or other information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate and/or (c) provide additional information about yourself as may be requested by VO5 from time to time. Please note that VO5 may use any Application information in accordance with its Privacy Policy.
VO5 will review the Application and determine, in VO5’s sole discretion, whether to accept the Application. VO5 shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the VO5 website(s) at any time for any reason. Upon acceptance of your Application by VO5, if required for use of the site, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the VO5 website.
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USER IDS / PASSWORDS
VO5 reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify VO5 immediately about any unauthorized use of your Password or any breach of security. You further agree that VO5 shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, the use of your Password whether by you or a third party.
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DISCLAIMER
THIS VO5 WEBSITE IS PROVIDED BY VO5 ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, VO5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, VO5 DISCLAIMS ALL WARRANTIES, REPRESENTIATIONS, TERMS, UNDERTAKINGS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITIONS OF SATISFACTORY QUALITY , FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. CERTAIN LEGISLATION, INCLUDING THE TRADE PRACTICES ACT 1974 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON VO5 WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF SERVICE MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH VO5 IS ABLE TO DO SO, ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT ITS OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. VO5 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. VO5 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
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LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ALBERTO-CULVER COMPANY, ITS SUBSIDIARIES AND/OR AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, OR FOR ANY DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VO5 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT VO5, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
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USER SUBMISSIONS, POSTINGS AND EMAIL COMMUNICATIONS
All submissions, postings and email communications to or through any VO5 website shall be subject to the VO5 Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that any VO5 website(s) contains materials that constitute copyright infringement, please notify VO5 in accordance with our Online Copyright Infringement Notification Policy.
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COMPENSATION
YOU AGREE TO COMPENSATE ALBERTO-CULVER COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS IN RESPECT OF ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, ARISING FROM OR RELATED TO YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
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TERM AND TERMINATION
The Agreement continues indefinitely until terminated by you or by us. VO5 shall have the right to terminate your access to, and use of, any or all VO5 websites immediately, if, in its sole discretion, VO5 believes that your conduct fails to conform with this Agreement. VO5 also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the VO5 websites.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the applicable VO5 website(s). VO5 may at any time discontinue access to all or any part of any VO5 site.
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APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of New South Wales. Disputes arising in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
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COMMENCEMENT OF ACTIONS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY VO5 WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
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MISCELLANEOUS
The failure of VO5 to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit VO5’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. VO5 may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be transferred by you without VO5’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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FORWARD LOOKING STATEMENTS
This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged North American or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Alberto-Culver Company has no control. Alberto-Culver Company, its subsidiaries and affiliates have no obligation to update any forward-looking statement in this Agreement or any incorporated document.
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©2009 VO5 / Alberto-Culver Company. All rights reserved.