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Last Updated: April 22, 2015
These Terms of Use apply to your use of the following My Beautiful Brush Company website: mybeautifulbrush.com. By using these Sites, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at mybeautifulbrush.com, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site.
We may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Sites. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Sites. Any use of a Site by you after such notice shall be deemed to constitute acceptance of such changes.
Scope of Use
My Beautiful Brush grants you a limited license to access and make personal, non-commercial use of the Sites only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on a Site, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software (the “Content”), for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of My Beautiful Brush. You understand that we may discontinue, change, or restrict your use of the Sites for any reason without notice.
Feedback
If you submit comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to My Beautiful Brush through a Site or in response to solicitations on a Site (“Feedback”), you automatically assign to WhiteWave all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of WhiteWave Foods, and you agree that My Beautiful Brush is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Sites. My Beautiful Brush will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that My Beautiful Brush has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that My Beautiful Brush is only willing to accept your Feedback on these terms.
Intellectual Property
The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks and trade dress of My Beautiful Brush and its licensors. In addition, the Sites and the Content are owned by and are the copyrighted materials of My Beautiful Brush and its licensors. Except for your personal, non-commercial use as authorized above, nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Content, without the express written permission of My Beautiful Brush.
Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.
Privacy Policy
All information we collect on the Sites is subject to our Privacy Policy. By using a Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Links to Third-Party Websites
The Site may contain links to third-party websites. These links are provided for your convenience only. We have no control over third-party websites and we cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.
Linking to the Site
You may link to a Site’s homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites may not be framed on any other website, nor may you create a link to any part of a Site other than the homepage. You agree to cooperate with My Beautiful Brush in causing any unauthorized framing or linking immediately to cease. My Beautiful Brush reserves the right to withdraw linking permission without notice.
Disclaimer of Medical Liability
My Beautiful Brush does not provide medical advice. The Content on the Site is for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. If you think you may have a medical emergency, call your physician or 911 immediately. My Beautiful Brush does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by My Beautiful Brush or our employees, other people appearing on the Sites at the invitation of My Beautiful Brush or other visitors to the Site is solely at your own risk.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND My BEAUTIFUL BRUSH HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER MY BEAUTIFUL BRUSH NOR ANY PERSON ASSOCIATED WITH MY BEAUTIFUL BRUSH MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MY BEAUTIFUL BRUSH NOR ANYONE ASSOCIATED WITH MY BEAUTIFUL BRUSH REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL MY BEAUTIFUL BRUSH, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK.
Indemnification
You agree to defend, indemnify and hold harmless My Beautiful Brush and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Violations
My Beautiful Brush reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Sites and to refer any illegal or unauthorized use of the Site to law enforcement.
Waiver and Severability
No waiver of these Terms of Use by My Beautiful Brush shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of My Beautiful Brush to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and My Beautiful Brush with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.