Terms of use

This website is intended for use by residents of Canada and The United States only. These Terms of Use are between you and Centura Brands Inc. (“Centura”, or the “Company”) and govern your use of the online store, e-commerce platform and website located at www.centurabrands.com. In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that Centura Brands may institute from time-to-time (these “Terms of Use”).

These Terms of Use apply to the Services currently offered by Centura as well as Services that may be offered in the future. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13), individuals and entities unable to form legally binding contracts under applicable law, or to any user whose use of the Services has been suspended or revoked. If you are under the age of 13 or unable to form a legally binding contract, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use.

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

CONTENT
Centura may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, programs and code, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Centura. When used in these Terms of Use, “we”, “us” and “our” mean Centura.

Centura is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy or completeness of Content, including without limitation the availability or effectiveness of any product. Centura does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

SERVICES
Through the Services, you may be able to review Content, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Centura reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Centura reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

PROFILES, BLOGS AND BOARDS
Centura offers original and third party information through the Services. You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, “User Generated Content”).When you submit, publish, post or display User Generated Content through the Services by creating a profile, connecting with other users, or posting Content to any blog, board or forum (collectively, “Forums”) you agree to strictly limit yourself to the subject matter for which the Forums are intended and to comply with these Terms of Use.

USER GENERATED CONTENT
Centura does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Centura prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Centura shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Centura or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

USER DISPUTES
Centura reserves the right – but has no obligation to monitor – disputes between users. In the event a dispute arises between you and Centura or any third party, please e-mail the Company at inquiries@cbinc.com and we will work quickly towards a resolution. Centura will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.

OWNERSHIP AND USE OF CONTENT
Except as otherwise set forth herein, as between you and Centura, all Content is owned by Centura and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Centura. Please contact us at inquiries@cbinc.com with any licensing inquiries.

Centura shall not:
• (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Centura’s Privacy Policy as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law;
• (b) be obligated to compensate you or any third party for any User Generated Content; or
• (c) be required to accept or respond to any submission of User Generated Content.

By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Centura does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.

Notwithstanding the foregoing, you hereby waive all rights to any claims against Centura for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the “Centura Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the Centura Parties in connection with your User Generated Content.

Furthermore, you agree to release the Centura Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Centura of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.

ADVERTISEMENT AND THIRD PARTY CONTENT
From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Centura is not recommending the products or services of any third party. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Use and Privacy Policy applicable to such Third party Content prior to using it.

LIMITATION OF USE
You agree that you will neither post nor submit any User Generated Content that:
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Centura: is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
• is for the purpose of spamming or promoting goods or services without our prior authorization;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libelous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not:
• (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services;
• (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail,
• (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Centura, the Services, or their users; or
• (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Centura.

CONTESTS
By participating in any contest, drawing, game or competition organized or sponsored by Centura (each, a “Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Use, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the Centura parties from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith , and for any claims based on publicity rights, defamation or invasion of privacy related thereto. The Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by Centura and its affiliates and acknowledge that you have read and accepted the Company’s Official Rules and Regulations for the Contest.

INTELLECTUAL PROPERTY
Centura and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Centura names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, “Centura IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent
• (i) challenge or assist others to challenge the Centura IP or the registration thereof;
• (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Centura IP, or domain names incorporating any of the same; or
• (iii) incorporate any Centura IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Centura marks, names or designations by operation of law or otherwise, you will immediately upon request from Centura, and at no expense to Centura, assign such rights, registrations and applications to Centura or its designee.

dippity do®, dippity do Men® and dippity do Girls with Curls® are registered trademarks of Centura Brands Inc.

REGISTRATION AND SECURITY
In connection with your use of the Services, you may establish or otherwise receive Centura user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services.

You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Centura, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Centura reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Centura cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Centura has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Centura shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Centura harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Centura if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Centura reserves the right to block your User Codes for any reason.

For your protection, Centura may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error. .

MINORS
Centura does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.

AVAILABILITY
Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Centura or its licensees or affiliates to any registration requirement within such jurisdiction or country.

NO WARRANTY
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. LACOUPE SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.

TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY
You understand that your use of the Services is at your own risk. Centura shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE LACOUPE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE LACOUPE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE LACOUPE PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Centura Parties from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services or any Content, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Centura IP or other right of Centura or any third party. Centura shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Centura. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defense of any claim.

TERM & TERMINATION
These Terms of Use shall commence when you first visit www.centurabrands.com, make a purchase through the website’s affiliated sites, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Centura may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. Without limiting the foregoing, Centura has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Centura considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Centura or any user. If your use of the Services is terminated, you will no longer be authorized to access any Centura Services. Without limiting any other rights of Centura hereunder, you understand and acknowledge that Centura, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

CHANGES
The Content, the Services and these Terms of Use are subject to change and updating by Centura and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Centura Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

APPLICABLE LAW; JURISDICTION
The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all federal, provincial and local laws, rules and ordinances when using the Services. These Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in Toronto, Ontario. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Centura IP.

GENERAL
These Terms of Use sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems..

---

2021 Centura Brands Inc. All Rights Reserved.