TERMS AND CONDITIONS OF USE

TERMS OF USE

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  Northwest Cosmetic Laboratories ("NCL" or "we," "our," or "us") owns or control and provides access to this Web Site (the "Site"). These Terms govern your use of this Site. These Terms only apply to this Site, and not to any other web site or any offline activities by NCL (unless specifically stated). You agree to these Terms by accessing or using this Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS DO NOT USE THIS SITE.

Ownership of Site Materials

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio videos; designs; advertising copy; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of this Site; the compilation, assembly and arrangement of the materials of this Site; and all other materials related to this Site (collectively, the "Materials") are owned, controlled or licensed by NCL, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

Without limiting the foregoing, and except as may be expressly permitted by NCL or as may be a result of standard search engine or internet browser usage, you will not use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials. Unless otherwise expressly authorized in these Terms or on this Site, you further agree that you will not, in whole or in part, modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose. NCL may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability.

Subject to your strict compliance with these Terms, NCL grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Site's software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that this Site creates to generate its web pages or any software or other products or processes accessible through this Site; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

Linking to Third Party Sites

This Site may provide links to third party sites ("Third Party Sites"). These links are provided for your convenience and informational purposes only. We do not endorse the Third Party Sites and are not otherwise affiliated or associated with the sponsors, owners or producers of the Third Party Sites. The Third Party Sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information, products or services found on or through such Third Party Sites. The Third Party Sites may have their own Terms and privacy policy and may have different practices and requirements than this Site and we recommend that you review them, especially before sharing any personal information with them.

Linking from Third Party Sites

Any third party web sites that link to this Site: (a) may only link to this Site's home page unless it has received prior, written consent from NCL to link to other pages; (b) must not frame or create a browser or border environment around any of the content on this Site or otherwise mirror any part of this Site; (c) must not imply that NCL or the Site is endorsing or sponsoring it or its products, unless NCL has given it prior written consent; (d) must not present false information about NCL or its products or services; (e) must not use any NCL trademarks without the prior written permission from NCL; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to this Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, NCL reserves the right to prohibit linking to this Site for any reason in our sole and absolute discretion.

Acceptable Use Policy

When using this Site, you agree that you will not: (a) violate any law; (b) violate, misappropriate or infringe any right of NCL or any third party, including, without limitation, intellectual property rights; (c) upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfere with any third party's uninterrupted use and enjoyment of this Site; and/or (d) use or attempt to use another's information, service or system except as expressly permitted.

Information You Submit

Except as otherwise described in this Site's Privacy Policy, anything you submit to NCL through this Site or otherwise (whether solicited or unsolicited), including, without limitation, any testimonials, pictures, data, questions, comments, suggestions or personal information (collectively, "Your Submissions"), are and will be treated as non-confidential and non-proprietary. You agree that NCL will have the unfettered right to use, reuse, modify, alter, display, archive, store, distribute, reproduce, disclose, transmit, publish, broadcast, or post Your Submissions or portions of Your Submissions, locally, nationally or globally, in any form, media, software, formula or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using Your Submissions, creating informational articles based on Your Submissions or advertising our products and services, and without remuneration of any kind. You waive any moral rights you may have in and to any of Your Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that NCL is not obligated to use Your Submissions.

The Internet may be subject to breaches of security. You should be aware that e-mail submissions may not be secure, and you should consider this before e-mailing NCL any information.

Disclaimer of Warranties

THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NCL OR ITS PARENTS, SUBSIDIARIES OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS, (COLLECTIVELY, THE "NCL PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EXPRESS OR IMPLIED, AS TO: (A) THIS SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THIS SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THIS SITE; (D) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THIS SITE; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO NCL OR VIA THIS SITE. IN ADDITION, THE NCL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE NCL PARTIES DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE NCL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE NCL PARTIES DO NOT WARRANT THAT YOUR USE OF THIS WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE NCL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL THE NCL PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH: (A) THIS SITE; (B) THE MATERIALS; (C) YOUR SUBMISSIONS; (D) YOUR USE OF OR ACCESS TO THIS SITE (OR YOUR INABILITY TO USE OR ACCESS THIS SITE); (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE NCL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS SITE; (F) ANY ERRORS OR OMISSIONS IN THIS SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, 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 THE NCL PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT THE NCL PARTIES, WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE NCL PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NCL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE NCL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE NCL PARTIES.

BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

Indemnification

You agree to defend, indemnify and hold the NCL Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) Your Submissions; (b) your use of this Site or activities in connection with this Site; (c) your breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the NCL Parties' use of your information. You will cooperate as fully required by the NCL Parties in the defense of any claim. The NCL Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the NCL Parties.

Term and Termination

NCL reserves the right to terminate your access to and use of this Site in its sole discretion, without notice and liability, including, without limitation, if NCL believes your conduct fails to conform with these Terms. NCL also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to this Site or NCL. Any violation of these Terms may be referred to law enforcement authorities.

Upon termination of your access to this Site, or upon demand from NCL, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of this Site; (b) destroy all materials obtained from this Site and all related documentation; and (c) as applicable, pay any amounts owed to NCL in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.

For United States Users

NCL controls and operates this Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on this Site are appropriate for use or access in other locations. Anyone using or accessing this Site from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable. We reserve the right to limit the availability of this Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Governing Laws; Jurisdiction; Commencement of Actions

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of NCL to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit NCL's rights with respect to such breach or any subsequent breaches. No waiver by NCL of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of NCL. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. NCL may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without NCL's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against NCL by virtue of having drafted them.

Modifications

NCL reserves the right to change, modify, amend and/or update these Terms at any time with or without prior notice.

The effective date of these terms of use is January 1, 2010.