Terms and Conditions

Terms of Service Agreement

Welcome to Vivalux Hair, operated by Breanna Johnson, located at 120 19th Street North, Suite 200 Birmingham AL 35203. By using

the website located at vivaluxhair.com, the related mobile website, and the mobile application

(collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of

Service” or “Agreement”), whether or not you register as a member of Vivalux hair. If

you wish to become a Member and/or make use of the service (the “Service”), please read this

Agreement. If you object to anything in this Agreement or the Vivalux Hair Privacy Policy, do not

use the Service.

This Agreement is subject to change by Vivalux Hair at any time, effective upon posting on the

relevant website. Your continued use of the Websites and the Service following at Vivalux Hair

posting of revised terms of any section of the Agreement will constitute your express and

binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT

INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,

INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION

CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding

terms of your use of the Websites and the Service. This Agreement may be modified by [Site

name] from time to time, such modifications to be effective upon posting by Vivalux Hair on the

Websites. By accessing and/or using the Websites or becoming a Member, you accept this

Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention. In order to access and retain this electronic Agreement, you must

have access to the Internet, either directly or through devices that access web-based content,

and pay any service fees associated with such access. In addition, you must use all equipment

necessary to make such connection to the World Wide Web, including a computer and modem

or other access device. Please print a copy of this document for your records. To retain an

electronic copy of this Agreement, you may save it into any word processing program.

2. Commercial Use of Service. If you are using the Service and/or accessing the Websites on

behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent

and warrant that:

1. You are an authorized representative of the Subscribing Entity, and that you have the

authority to bind the Subscribing Entity to this Terms of Service;

1. You have read and understand this Terms of Service; and
2. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or

downloading illegal content, collecting usernames and/or email addresses of members by

electronic or other means for the purpose of sending unsolicited email, unauthorized framing of

or linking to the Websites, sharing or disclosing your username or password to any third party or

permitting any third party to access your account, attempting to impersonate another user or

person, use of the Websites in any fraudulent or misleading manner, any automated use of the

system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data

mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites

or the networks or services connected to the Websites, and using the Websites in a manner

inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of

the Websites may be investigated, and appropriate legal action may be taken, including without

limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the

permission of  Vivalux Hair, which may be revoked at any time, for any reason, in  Vivalux Hair’s

sole discretion.

3. Account Security. You are responsible for maintaining the confidentiality of the username

and password that you designate during the registration process, and you are fully responsible

for all activities that occur under your username and password. You agree to (a) immediately

Notify  Vivalux Hair 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. Vivalux Hair

will not be liable for any loss or damage arising from your failure to comply with this provision.

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. If you share your computer with others, you may wish to consider disabling your

auto-login feature if you have it linked to your Vivalux Hair account.

4. Your Use of the Websites
5. You may not browse or download illegal content.
6. You must not copy or capture, or attempt to copy or capture, any content from the Websites

(the “Content”) or any part of the Websites, unless given express permission by [Site name].

1. You must not copy, republish, adapt, make available or otherwise communicate to the public,

display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from

the Platform, except (i) where such Content is created by you (such content, “Your Content”), or

(ii) as permitted under these Terms of Service, and within the parameters set by the person or

entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative

Commons licenses selected by the Uploader).

1. You must not use any Content (other than Your Content) in any way that is designed to

create a separate content service or that replicates any part of the Websites’ offering.

1. You must not employ scraping or similar techniques to aggregate, repurpose, republish or

otherwise make use of any Content.

1. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other

automated means to register accounts, log-in, post comments, or otherwise to act on your

behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not

offer or promote the availability of any such techniques or services to any other users of the

Websites.

1. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other

proprietary or legal notices contained in, or appearing on, the Websites or any Content

appearing on the Websites (other than Your Content).

1. You must not, and must not permit any third party to, copy or adapt the object code of the

Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any

source or object code of any part of the Websites, or circumvent or attempt to circumvent or

copy any copy protection mechanism or access any rights management information pertaining

to Content other than Your Content.

1. You must not use the Websites to upload, post, store, transmit, display, copy, distribute,

promote, make available or otherwise communicate to the public:

• any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually

explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal

acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise

objectionable in  Vivalux Hair’s sole and reasonable discretion;

• any information, Content or other material that violates, plagiarizes, misappropriates or

infringes the rights of third parties including, without limitation, copyright, trademark rights, rights

of privacy or publicity, confidential information or any other right; or

• any Content that violates, breaches or is contrary to any law, rule, regulation, court order

or is otherwise is illegal or unlawful in  Vivalux Hair’s sole and reasonable opinion;

• any material of any kind that contains any virus, Trojan horse, spyware, adware,

malware, bot, time bomb, worm, or other harmful or malicious component, which will or might

overburden, impair or disrupt the Websites or servers or networks forming part of, or connected

to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of

the Websites; or

• any unsolicited or unauthorized advertising, promotional messages, spam or any other

form of solicitation.

1. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that

would constitute a criminal offense, give rise to civil liability or otherwise violate any law or

regulation.

1. You must not rent, sell or lease access to the Websites, or any Content on the Websites,

although this will not prevent you from including links from Your Content to any legitimate online

download store from where any item of Your Content may be purchased.

1. You must not deliberately impersonate any person or entity or otherwise misrepresent your

affiliation with a person or entity, for example, by registering an account in the name of another

person or company, or sending messages or making comments using the name of another

person.

1. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any  Vivalux Hair employee. If we feel that your behavior towards any of our employees is at any time

threatening or offensive, we reserve the right to immediately terminate your membership and

you will not be entitled to any refund of unused subscription fees.

1. You must not sell or transfer, or offer to sell or transfer, any  Vivalux Hair account to any third

party without the prior written approval of  Vivalux Hair.

1. You must not collect or attempt to collect personal data, or any other kind of information

about other users, including without limitation, through spidering or any form of scraping.

1. You must not violate, circumvent or attempt to violate or circumvent any data security

measures employed by Vivalux Hair or any Uploader; access or attempt to access data or

materials which are not intended for your use; log into, or attempt to log into, a server or account

which you are not authorized to access; attempt to scan or test the vulnerability of  Vivalux Hair’s

servers, system or network or attempt to breach  Vivalux Hair’s data security or authentication

procedures; attempt to interfere with the Websites or the Services by any means including,

without limitation, hacking  Vivalux Hair’s servers or systems, submitting a virus, overloading,

mail-bombing or crashing. Without limitation to any other rights or remedies of  Vivalux Hair under

these Terms of Service,  Vivalux Hair reserves the right to investigate any situation that appears

to involve any of the above, and may report such matters to, and cooperate with, appropriate

law enforcement authorities in prosecuting any users who have participated in any such

violations.

You agree to comply with the above conditions, and acknowledge and agree that Vivalux Hair

has the right, in its sole discretion, to terminate your account or take such other action as we

see fit if you breach any of the above conditions or any of the other terms of these Terms of

Service. This may include taking court action and/or reporting offending users to the relevant

authorities.

5. Representations and Warranties. You hereby represent and warrant to  Vivalux Hair as

follows:

1. Your Content, and each and every part thereof, is an original work by you, or you have

obtained all rights, licenses, consents and permissions necessary in order to use, and (if and

where relevant) to authorize Vivalux Hair to use, Your Content pursuant to these Terms of

Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute,

share, publicly display, publicly perform, make available and otherwise communicate to the

public Your Content, and each and every part thereof, on, through or via the Websites, any and

all Services and any third party services.

1. Your Content and the availability thereof on the Platform does not and will not infringe or

violate the rights of any third party, including, without limitation, any intellectual property rights,

performers' rights, rights of privacy or publicity, or rights in confidential information.

1. You have obtained any and all necessary consents, permissions and/or releases from any

and all persons appearing in Your Content in order to include their name, voice, performance or

likeness in Your Content and to publish the same on the Websites and via any third party

services.

1. Your Content, including any comments that you may post on the Websites, is not and will not

be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit,

ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or

incite hatred on grounds of race, gender, religion or sexual orientation.

1. Your Content does not and will not create any liability on the part of [Site name], its

subsidiaries, affiliates, successors, and assigns, and their respective employees, agents,

directors, officers and/or shareholders.

[Site name] reserves the right to remove Your Content, suspend or terminate your access to the

Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of

the foregoing representations or warranties, or otherwise infringes another person's rights or

violates any law, rule or regulation.

6. Term. This Agreement will remain in full force and effect while you use the Websites and/or

Service. You may terminate your membership and/or subscription at any time by contacting us

At support@vivaluxhair.com. If you resign or cancel your membership and/or subscription to  Vivalux Hair,

to help  Vivalux Hair analyze and improve the Service, you may be asked to provide a reason for

your resignation/cancellation. Vivalux Hair may terminate your membership and/or subscription

for any reason by sending notice to you at the email address you provide in your application for

membership, or such other email address as you may later provide to  Vivalux Hair. If  Vivalux Hair

terminates your membership in the Service because you have breached this Agreement, you

will not be entitled to any refund of unused subscription fees. All decisions regarding the

termination of accounts shall be made in the sole discretion of  Vivalux Hair.  Vivalux Hair is not

required to provide you notice prior to terminating your membership and/or subscription.  Vivalux Hair  is not required, and may be prohibited, from disclosing a reason for the termination of

your account. Even after your membership or subscription is terminated, this Agreement will

remain in effect. All terms that by their nature may survive termination of this Agreement shall

be deemed to survive such termination.

7. Modifications to Service.  Vivalux Hair reserves the right at any time to modify or discontinue,

temporarily or permanently, the Service (or any part thereof) with or without notice. You agree

that Vivalux Hair shall not be liable to you or to any third party for any modification, suspension

or discontinuance of the Service.

8. Blocking of IP Addresses. In order to protect the integrity of the Services, Vivalux Hair

reserves the right at any time in its sole discretion to block Members from certain IP addresses

from accessing the Websites.

9. Content.
10. Proprietary Rights. Vivalux Hair retains all proprietary rights in the Websites and the Service.

The Websites contains the copyrighted material, trademarks, and other proprietary information

of  Vivalux Hair, and its licensors. Except where we have given you express written permission,

you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such

proprietary information. All content on Vivalux Hair is proprietary. Except where otherwise

specified in this Agreement, all Content is copyrighted material of  Vivalux Hair and for  Vivalux Hair’s Members' use only. Distribution of Content to others is strictly prohibited. You agree

that Vivalux Hair would be irreparably harmed by any violation or threatened violation of this

section and that, therefore,  Vivalux Hair shall be entitled to an injunction prohibiting you from any

violation or threatened violation of this section, without posting bond, in addition to any other

right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on Vivalux Hair

may be supplied by third parties. Vivalux Hair has no responsibility for these third party websites

nor for their content, which is subject to and governed by the Terms of Service and/or privacy

policies, if any, of the applicable third party content providers.

1. Ownership of Your Content; Licenses.

You agree that any content you upload to the Websites and/or the Service (“Your Content”)

shall become the property of Vivalux Hair . This shall have no effect on Sections ___ (Copyright

Policy), _____ (Limitation of Liability), and _____ (Indemnity by You) of this Agreement.

However, with respect to Your Content, [Site name] grants you a worldwide, royalty-free and

non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except

with regard to commercial or for-profit use account.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be

subject to copyright, trademark rights or other intellectual property or proprietary rights. Such

Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded,

republished, displayed, sold, licensed, made available or otherwise communicated to the public

or exploited for any purposes except via the features of the Websites from time to time and

within the parameters set by the Uploader on the Service or with the express written consent of

the Uploader. Where you repost another user's Content, or include another user's Content in a

set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly

granted in this section, all rights in Content are reserved to the relevant Uploader.

10. Restrictions on Use of Materials. You acknowledge that  Vivalux Hair contains images,

text, and other content (collectively, "Intellectual Property") that is protected by copyrights,

patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid

and protected in all forms, media and technologies existing now or hereafter developed. All

Intellectual Property is copyrighted under the United States copyright laws (and, if applicable,

similar foreign laws), and Vivalux Hair owns a copyright in the selection, coordination,

arrangement and enhancement of such Intellectual Property. All trademarks appearing on this

Websites are trademarks of their respective owners. You may not modify, publish, transmit,

distribute, perform, participate in the transfer or sale, create derivative works of, or in any way

exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is

downloaded to your computer, you do not obtain any ownership interest in such Intellectual

Property. Modification of the Intellectual Property or use of the Intellectual Property for any other

purpose, including, but not limited to, use of any Intellectual Property in printed form or on any

other website or networked computer environment is strictly prohibited unless you receive our

prior written consent.

11. Copyright Policy. Vivalux Hair prohibits the submission or posting of any information that

infringes or violates the copyright rights and/or other intellectual property rights (including rights

of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright

infringement, you hereby agree that notifications of claimed copyright infringement be sent by

certified mail to:

[insert address]

If you believe that your intellectual property right (or such a right that you are responsible for

enforcing) is infringed by any content on the Site, please write to  Vivalux Hair at the address

shown above, giving a written statement that contains:

1. identification of the copyrighted work and/or intellectual property right claimed to have been

infringed;

1. identification of the allegedly infringing material on the Site that is requested to be removed;
2. your name, address, and daytime telephone number, and an e-mail address if available;
3. a statement that you have a good faith belief that the use of the copyrighted work and/or

exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

1. a statement that the information in the notification is accurate, and, under penalty of perjury,

that the signatory is authorized to act on behalf of the owner of the right that is allegedly

infringed; and

1. the signature of the intellectual property right owner or someone authorized on the owner's

behalf to assert infringement of the right.

 Vivalux Hair will process any notice of alleged infringement which it receives and will take

appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C.

512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting

such a statement falsely. Under appropriate circumstances, persons who repeatedly submit

infringing or unlawful material will be prohibited from posting further submissions.

12. Liability for Content. You hereby acknowledge and agree that [Site name] (i) stores

Content and other information at the direction, request and with the authorization of its users, (ii)

acts merely as a passive conduit and/or host for the uploading, storage and distribution of such

Content, and (iii) plays no active role and gives no assistance in the presentation or use of the

Content. You are solely responsible for all of Your Content that you upload, post or distribute to,

on or through the Websites, and to the extent permissible by law, [Site name] excludes all

liability with respect to all Content (including Your Content) and the activities of its users with

respect thereto.

You hereby acknowledge and agree that  Vivalux Hair cannot and does not review the Content

created or uploaded by its users, and neither  Vivalux Hair nor its subsidiaries, affiliates,

successors, assigns, employees, agents, directors, officers and shareholders has any

obligation, and does not undertake or assume any duty, to monitor the Websites for Content

that is inappropriate, that does or might infringe any third party rights, or has otherwise been

uploaded in breach of these Terms of Service or applicable law.

 Vivalux Hair and its subsidiaries, affiliates, successors, assigns, employees, agents, directors,

officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all

liability which may arise from any Content uploaded to the Websites by users, including, but not

limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity

rights, any claims relating to publication of defamatory, pornographic, obscene or offensive

material, or any claims relating to the completeness, accuracy, currency or reliability of any

information provided by users of the Websites. By using the Websites, you irrevocably waive the

right to assert any claim with respect to any of the foregoing against  Vivalux Hair or any of its

subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or

shareholders.

13. Repeat Infringers. Vivalux Hair will suspend or terminate your access to the Websites if

 Vivalux Hair determines, in its sole and reasonable discretion, that you have repeatedly

breached these Terms of Service.

If we receive a valid notification from a third party in accordance with our reporting processes or

applicable law that any of Your Content infringes the copyright or other rights of such third party,

or if we believe that your behavior is inappropriate and violates our Terms of Service, we will

send you a written warning to this effect. Any user that receives more than two of these

warnings is liable to have their access to the Websites terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court,

and/or in other appropriate circumstances, as determined by  Vivalux Hair at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result

of repeated infringement of these Terms of Service.

14. Limitation of Liability. In no event shall  Vivalux Hair be liable for any damages whatsoever,

whether direct, indirect, general, special, compensatory, consequential, and/or incidental,

arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this

Websites or in any written or oral communications from  Vivalux Hair or its employees or agents

shall be construed to make any promise, covenant, or guaranty, all of which are explicitly

disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees of the

Websites are offered "as is" without warranty of any kind, either express or implied, including,

without limitation, implied warranties of merchantability, fitness for a particular purpose, title and

Non-infringement  Vivalux Hair makes no warranties, express or implied, as to the ownership,

accuracy, completeness or adequacy of the Websites’ content or that the functionality of the

Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby

acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO

CIRCUMSTANCES SHALL  Vivalux Hair , ITS OFFICERS, OWNERS, EMPLOYEES OR

AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR

ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT

FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE

INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES

ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF  Vivalux Hair HAS

BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND

REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL

 Vivalux Hair HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT,

SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY

ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE,

INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL;

COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT;

WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR

FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER

DAMAGES OR LOSSES, EVEN IF Vivalux Hair HAS BEEN ADVISED OF THE POSSIBILITY

THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT,

TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the

greatest extent permitted by law, you agree that the entire aggregate liability of  Vivalux Hair and

sole remedy available to any Member in any case in any way arising out of or relating to the

Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate

may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to

 Vivalux Hair during the six months prior to notice to  Vivalux Hair of the dispute for which the

remedy is sought.

15. Indemnity by You. You agree to indemnify and hold  Vivalux Hair, its subsidiaries, affiliates,

officers, agents, and other partners and employees, harmless from any loss, liability, claim, or

demand, including reasonable attorneys' fees, arising out of or related to:

1. your use of the Service and/or Websites in violation of this Agreement and/or arising from a

breach of this Agreement including without limitation your representations and warranties set

forth above;

1. any third party claim of infringement of copyright or other intellectual property rights or

invasion of privacy arising from the hosting of Your Content on the Websites, and/or your

making available thereof to other users of the Websites, and/or the actual use of Your Content

by other users of the Websites or related services in accordance with these Terms of Service

and the parameters set by you with respect to the distribution and sharing of Your Content;

1. any activity related to your account, either by you or by any other person accessing your

account with or without your consent unless such activity was caused by the act of  Vivalux Hair.

16. Attorney Fees. In the event that  Vivalux Hair successful in whole or in part in any action

or proceeding related to or arising from this Agreement, you shall be responsible for  Vivalux Hair’s attorneys' fees and costs.

17. Parental or Guardian Permission. Some of the Content on the Websites may not be

appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE

THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.

18. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy,

located at [PRIVACY URL]

19. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of

the Websites and/or the Service, by using the Websites and/or Service, you expressly agree

that any such dispute shall be governed by the laws of the State of Alabama, without

regard to its conflict of law provisions, and you expressly agree and consent to the exclusive

jurisdiction and venue of the state and federal courts of the State of New York, for the resolution

of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your

consent to be sued in such courts and to accept service of process outside the State of

Alabama with the same force and effect as if such service had been made within the

State of Alabama. You hereby agree to accept service of process for any action

hereunder by certified mail return receipt requested which service shall have the same force

and effect as though service had been effected by personal service in the applicable jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable

and will not affect the validity and enforceability of the remaining provisions.

20. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of

using the Websites and/or Service, you agree that any and all disputes, claims and causes of

action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall

be resolved individually, without resort to any form of class action, exclusively by binding

arbitration under the rules of the American Arbitration Association for full and final settlement of

such Claim, and judgment on the award rendered in the arbitration may be entered in any court

having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for

Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration

Association or other mutually agreeable organization, before a single arbitrator (with knowledge

and expertise of copyright law if the claim is all or partially for copyright infringement), selected

by agreement of both parties or by an independent mediator (with knowledge and expertise of

copyright law if the claim is all or partially for copyright infringement) if the parties are unable to

agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the

arbitrator(s) may be entered and confirmed by the courts of the State of Alabama, County

of Montgomery. The parties agree that any post-arbitration action seeking to enforce an

arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in

the courts of the State of Alabama, County of Montgomery.

21. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in

this Agreement, there shall be no third party beneficiaries to this Agreement.

22. Availability Outside the U.S. If you access  Vivalux Hair from outside of the United States,

you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If you access the Websites from outside of the United States, you acknowledge that any

personal information you provide will be processed in the United States and other geographies

as selected by us in our sole discretion, and you hereby consent to the collection and

processing of your personal information in a manner consistent with this Agreement and the

Privacy Policy.

23. Entire Agreement. This Agreement contains the entire agreement between you and  Vivalux Hair regarding the use of the Websites and/or the Service.
24. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court

having competent jurisdiction, the invalidity of such provision shall not affect the validity of the

remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of

any term of this Agreement shall be deemed a further or continuing waiver of such term or any

other term. In addition, Vivalux Hair’s failure to enforce any term of this Agreement shall not be

deemed as a waiver of such term or otherwise affect  Vivalux Hair’s ability to enforce such term

at any point in the future.

25. Headings. The section headings contained in this Agreement are for reference purposes

only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED

ABOVE.