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HEALTHY TEXTURES TERMS OF USE – NOVEMBER 1, 2008

Welcome to the Web site of Healthy Textures LLC (“Healthy Textures”). This Web site (the “Healthy Textures Web Site” or the “Web Site”) provides general information to users and registered Healthy Textures members about Healthy Textures, the products offered by Healthy Textures (the “Products”) and its services. The services offered by Healthy Textures include the Healthy Textures Web Site, tutorials, forums and other features, content, services and applications offered by Healthy Textures either in connection with the Web Site or independently thereof (collectively, the “Services”).

All users of Healthy Textures Web Site, including Members, are subject to the following terms and conditions of use (these “Terms of Use”).
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services, Products and Web Site. All users of the Service, the Products and the Web Site are subject to this Agreement. You are only authorized to use the Services, Products and Web Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, rules and regulations and this Agreement. By using the Services, Products and Web Site, you agree to be bound by this Agreement, as amended from time to time, as well as the Healthy Textures Privacy Policy, whether you are a “Guest” (which means that you simply browse the Web Site without registering) or you are a “Member” with a “Membership” account (which means that you have registered with Healthy Textures). The term “User” refers to a Guest or a Member.

The information presented on or through this Web Site is made available solely for general informational purposes and Healthy Textures does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The products, remedies and the claims made about specific products and remedies on or through this Web Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Health related information and home-remedies are not meant to substitute for the advice provided by any medical professional. Any beauty aid, whether home-made or purchased, can cause sensitivity or allergic reactions in some persons and should be tested on a small area of skin, before applying. NOTHING CONTAINED IN OR PROVIDED THROUGH THIS WEB SITE IS INTENDED TO CONSTITUTE, NOR SHOULD IT BE CONSIDERED, MEDICAL ADVICE OR TREATMENT OR TO SERVE AS A SUBSTITUTE FOR THE ADVICE OR TREATMENT OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER.

Healthy Textures may modify this Agreement from time to time without notice and any such modification shall be effective upon posting by Healthy Textures on the Web Site. Healthy Textures shall indicate at the top of this page the date these terms were last revised. You agree to be bound by any changes to this Agreement when you use the Services, Products or Web Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

This Agreement includes the Privacy Policy for the Web Site which is incorporated into this Agreement by reference. Please read this Agreement carefully as it contains important information regarding your legal right and obligations. If you object to anything in this Agreement or the Privacy Policy (as amended from time to time) or are dissatisfied with the Web Site or Services, your sole and exclusive remedy is to discontinue using the Web Site or the Services.

1. Eligibility; Authorization. Use of the Services or the Products and Membership in the Web Site is void where prohibited. By using the Services, Products and/or Web Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) you have the authority to enter into this Agreement; and (e) your use of the Services, Products and/or Web Site does not violate any applicable law, regulation or agreement. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age. Users may not have more than one active Membership account.

If you are an individual and intend to use Products or Services purchased from Healthy Textures in performing your duties on behalf of a company or organization (the “Customer”), either as an employee or independent contractor and either directly for the Customer or in providing services at the direction of the Customer, this Agreement is also between Healthy Textures and the Customer, and you hereby represent and warrant that you have the authority to enter into this Agreement on the Customer’s behalf and agree that you are entering into this Agreement on behalf of the Customer as well as yourself and that both you and the Customer are bound by the terms of this Agreement (you and the Customer being referred to herein individually and collectively as “you”).

2. Term. This Agreement shall remain in full force and effect while you use the Services, Products or Web Site or are a Member. You may terminate your Membership at any time, for any reason, by following the cancellation instructions that were included in the email you received when you registered or by contacting us at: cancel-sub@healthytextures.com. Healthy Textures may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Account Security. You are responsible for maintaining the confidentiality of the Username and password that you designate for your Membership, and you are fully responsible for all purchases and other activities that occur under your Username and password. You agree to (a) immediately notify Healthy Textures of any unauthorized use of your Username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Healthy Textures will not be liable for any loss or damage arising from your failure to comply with this provision or any other term of this Agreement. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

4. Privacy. Our Privacy Policy applies to all of the Services and all other aspects of the Web Site.

5. Non-commercial Use by Members. The Services the Products and the Web Site are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Healthy Textures. Illegal and/or unauthorized use of the Services, the Products, the Web Site or any content on the Web Site, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Web Site is prohibited. You will not upload or transmit to the Web Site or Services any advertisements or solicitations of business. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from any area of the Web Site, including Member profiles, without notice and may result in suspension or termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services, Products or Web Site.

6. Content Posted. You are solely responsible for the content that you publish or display (hereinafter, “post”) on or through the Web Site, or transmit to other Users (collectively, “User Content”). You will not post on or through the Web Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Healthy Textures, any Healthy Textures service provider or to any other User. If information provided to Healthy Textures, a supplier, a service provider, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Healthy Textures of such change or make or post the appropriate changes yourself.
By posting User Content to any public area of the Web Site, including without limitation, message boards, profiles, forums, and contests, you automatically grant to Healthy Textures and its affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that you have the right to grant or that the holder of any 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. If you post User Content in any public area of the Web Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use and any other use consistent with the use for which it was intended. Subject to the terms of this Agreement, the owner of any User Content placed on the Web Site retains any and all rights that may exist in such User Content.

7. Monitoring and Enforcement. Healthy Textures acts as a passive conduit for the online distribution and publication of User Content and assumes no responsibility and has no obligation to screen or monitor User Content or any other User communications or information. However, Healthy Textures reserves the right to review and remove any User Content that, in its sole judgment, violates this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Healthy Textures Users or is not consistent with the purpose of the Web Site, Products or Services (including with respect to any material Healthy Textures has been notified, or has reason to believe, constitutes a copyright infringement). Healthy Textures also may expel Users and terminate all rights of Members and prevent further access to the Web Site, Products and Services for violating this Agreement or applicable laws, rules or regulations or acting in any manner that is abusive, disruptive, offensive or illegal, violates the rights of, or harms or threatens the safety of, Healthy Textures Users or is not consistent with the purpose of the Web Site, Products or Services. Healthy Textures may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Healthy Textures, damage Healthy Textures’s brand or public image, or cause Healthy Textures to lose (in whole or in part) the services of its suppliers.

Healthy Textures can neither review all material before it is posted on the Web Site or Services, nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Healthy Textures assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Healthy Textures reserves the right to take any action it deems necessary to protect the personal safety of Users and the public; however, Healthy Textures has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 7 of this Agreement.

Healthy Textures does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted or transmitted by Users, suppliers or service providers or endorse any opinions expressed by Users, suppliers or service providers. You acknowledge that any reliance on material posted by or information received from other Users or any suppliers or service providers will be at your own risk.

8. Member/Guest Disputes. You are solely responsible for your interactions with other Healthy Textures Members and Guests. Healthy Textures reserves the right, but has no obligation, to monitor disputes between you and other Members or Guests.

9. Copyright Policy; Trademark Policy. The entire contents of the Web Site (including all information, software, text, displays, images and audio), the Products and the Services, and the design, selection and arrangement thereof, are proprietary to Healthy Textures or its suppliers, service providers or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site, Products or Services for personal use or legitimate purposes related to your role as a User. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site, Products or Services without the prior written consent of Healthy Textures, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Web Site, Products or Services are transferred to you, but remain with Healthy Textures or the applicable owner of such content. Except as expressly authorized by Healthy Textures in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, Products or Services, (ii) access to the Web Site, Products or Services or (iii) use of the Web Site, Products or Services or of any materials available through the Web Site or Services.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Healthy Textures to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Healthy Textures by the copyright owner(s) or the legal agent(s) of the copyright owner(s).

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Web Site and is accessible in a way that constitutes copyright or trademark infringement, please provide our agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Web Site; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We have designated Gennifer Miller as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to this Agreement. You can contact Gennifer Miller as follows:
Gennifer Miller
Healthy Textures LLC
info@healthytextures.com
(917) 254 5247

The Healthy Textures name, the terms healthtexture.ssl, the Healthy Textures logo and all related names, logos, product and service names, designs and slogans are trademarks of Healthy Textures. You may not use such marks without the prior written permission of Healthy Textures. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

10. User Content/Activity Prohibited. The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through the Web Site or the Services. Healthy Textures reserves the right to investigate and take appropriate legal action against anyone who, in Healthy Textures’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Web Site and the Services and terminating the Membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Healthy Textures:
•    Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•    Harasses or advocates harassment of another person;
•    Exploits people in a sexual or violent manner;
•    Contains nudity, violence, or offensive subject matter or contains a link to an adult Web site;
•    Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•    Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
•    Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
•    Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
•    Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
•    Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
•    Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

In addition, you specifically agree not to do any of the following: (a) use the Web Site or Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (b) intercept or attempt to intercept electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Web Site, Products or Services by others; (e) upload or otherwise transmit files that contain a virus or corrupted data; (f) collect information about others (including e-mail addresses) without their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or Services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site or Services); or (h) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, Products or Services, or which, as determined by the Healthy Textures, may harm Healthy Textures or Users or expose them to liability.

Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Web Site or Services, (ii) use any manual process to monitor or copy any of the material on the Web Site or Services or for any other unauthorized purpose without the prior written consent of Healthy Textures, (iii) use any device, software or routine that interferes with the proper working of the Web Site or Services, (iv) attempt to interfere with the proper working of the Web Site or Services, (v) take any action that imposes an unreasonable or disproportionately large load on Healthy Textures’ infrastructure, or (vi) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

11. Membership and Purchase Policies.
(a) General. You agree to pay Healthy Textures all charges at the prices then in effect for all Product purchases through the Web Site (“Purchases”) and any use of the Services by you or other persons (including your agents), and you authorize Healthy Textures to charge your chosen payment provider (your “Payment Method”). You agree to make payment for your Membership and all Purchases and Services using that selected Payment Method. Healthy Textures reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Purchases. All Purchases are governed by the Healthy Textures Terms of Sale, which are hereby incorporated into these Terms of Use.
(c) Automatic Renewal of Membership. Your Membership will be automatically renewed for consecutive terms of the same length as the initial term selected by you at the time of registration unless either you or Healthy Textures has terminated your Membership. At the time of renewal you will be charged the then-current Membership fee through your selected Payment Method. You may terminate your Membership at any time, for any reason, by following the cancellation instructions that were included in the email you received when you registered or by contacting us at: cancel-sub@healthytextures.com.
(d) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PURCHASES, MEMBERSHIP AND PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR MEMBERSHIP AND PAYMENT METHOD INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY HEALTHY TEXTURES IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS, THEFT, OR EXPIRATION) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION SHOULD BE MADE ON THE PREFERENCES PAGE OF THE WEB SITE. IF YOU FAIL TO PROVIDE HEALTHY TEXTURES ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HEALTHY TEXTURES MAY CHARGE YOU DIRECTLY THROUGH YOUR PAYMENT METHOD. HEALTHY TEXTURES RESERVES THE RIGHT NOT TO PROVIDE PRODUCTS OR SERVICES ORDERED BY YOU IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION OR YOUR PAYMENT METHOD IS CANCELED.
(e) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Healthy Textures does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand.
(f) Change in Amount Authorized. If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Healthy Textures shall provide, notice of the amount to be charged. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method.
(g) Free Trials and Other Promotions. Any free trial or other promotion that provides Member-level access to Products or Services must be used within the specified time of the trial. You must cancel your trial usage before the end of the trial period in order to avoid being charged a fee. If you cancel prior to the end of the trial period and are inadvertently charged, please contact us to have the charges reversed.

12. Modifications to Healthy Textures Web Site or Services. Healthy Textures reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site, the Products or the Services (or any part thereof) with or without notice. You agree that Healthy Textures shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site, the Products or the Services.

13. Links to Other Sites; Dealings with Other Merchants. The Web Site or the Services may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Healthy Textures of the contents on such third-party Web sites. Healthy Textures is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Web Site or Services, you acknowledge and agree that Healthy Textures is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Healthy Textures will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Web Site or Services.

14. Access to Healthy Textures Web Site, Products or Services. Access to the Web Site or any Products or Services may be interrupted, suspended or terminated periodically due to circumstances both within and outside of the control of Healthy Textures. You agree that Healthy Textures shall not be liable for any damages arising from any such interruption, suspension or termination of the Web Site or any of the Services or Products offered through the Web Site and that you shall put into place contingency plans to account for such periodic interruptions, suspensions or terminations of the Web Site or any of the Services or Products.

15. Disclaimers. Healthy Textures is not responsible for any incorrect or inaccurate content posted on or through the Web Site or the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Web Site or the Services. Profiles created and posted by Members on the Web Site may contain links to other Web sites. Healthy Textures is not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are in no way investigated, monitored or checked for accuracy or completeness by Healthy Textures. HEALTHY TEXTURES DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, AND ITS SERVERS OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE, THE SERVICES OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HEALTHY TEXTURES IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE, THE PRODUCTS, THE WEB SITE CONTENT AND THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HEALTHY TEXTURES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTHY TEXTURES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, ITS CONTENT OR THE SERVICES, OR ANY CONTENT, TOOLS, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR ANY SERVICES THAT ARE NOT PROVIDED THROUGH OR BASED ON THE WEB SITE, OR THEIR COMPLIANCE WITH THE RULES OR REGULATIONS OF ANY ORGANIZATIONS THAT GOVERN THE PROVISION OF BEAUTY OR HAIR CARE SERVICES OR PRODUCTS.

IN NO EVENT SHALL HEALTHY TEXTURES, ITS SUPPLIERS, ITS SERVICE PROVIDERS, ITS LICENSORS OR ANY THIRD PARTIES MENTIONED ON OR PROVIDING SERVICES OR PRODUCTS THROUGH THE WEB SITE OR ANY OTHER SERVICE BE LIABLE FOR (A) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, THE PRODUCTS, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHY TEXTURES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEB SITE, WEB SITE CONTENT, SERVICES OR PRODUCTS OR (C) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation on Liability. HEALTHY TEXTURES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR SERVICES, INFORMATION OR PRODUCTS THAT ARE NOT PROVIDED THROUGH OR BASED ON THE WEB SITE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO HEALTHY TEXTURES FOR (A) THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED OR (B) YOUR MEMBERSHIP FEE FOR THE PERIOD DURING WHICH SUCH CAUSE OF ACTION AROSE.

17. Outcome. Healthy Textures does not guarantee or warrant any particular outcome from use of the Web Site or any of the Products or Services, including, without limitation, any consulting services provided by Healthy Textures or any of its service providers, employees or independent contractors, whether through the Web Site or in any other manner. You are solely responsible for the outcome of any and all activities relating to beauty or hair care and/or use of the Web Site, the Products and the Services.

18. Indemnification. You agree to indemnify and hold harmless Healthy Textures and its affiliates, third party information providers, suppliers, service providers, licensors, contractors and others involved in Healthy Textures Web Site or the delivery of products, services or information over Healthy Textures Web Site, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) ) your use of the Web Site, Products or Services or any information obtained therefrom, in violation of this Agreement, (b) your breach of this Agreement, (c) any breach of your representations and warranties set forth above and/or (d) any content that you post on or through the Web Site or the Services.

19. Jurisdiction and Arbitration. If there is any dispute about or involving the Web Site, Products or Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in or near Philadelphia, Pennsylvania. Either Healthy Textures or you may demand that any dispute between Healthy Textures and you about or involving the Web Site, Products or Services must be settled by arbitration in or near Philadelphia, Pennsylvania utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent Healthy Textures from seeking injunctive relief in a court of competent jurisdiction.

20. Comments and Submissions. Healthy Textures welcomes your comments. All comments, suggestions or other information sent by you to the Web Site for internal use by Healthy Textures or its advertisers or business partners in response to solicitations on the Web Site or Services will become Healthy Textures’ property and you agree that all intellectual property rights therein are transferred to Healthy Textures. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site or Services are non confidential for all purposes.

21. Other. This Agreement is accepted by you upon your use of the Web Site or any of the Products or Services and is further affirmed by you becoming a Member. This Agreement (including the Privacy Policy and Terms of Sale), as it may be amended from time to time, constitutes the entire agreement between you and Healthy Textures regarding the use of the Web Site, Web Site content, Products and Services, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site, Web Site content, Products or Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure of Healthy Textures to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Neither a course of dealing or conduct between you and Healthy Textures nor any trade practices shall be deemed to modify this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.

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