PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
1. ACCEPTANCE OF TERMS
Welcome to ubbrands.com (the “Site”), a website of UB BRANDS INC. Atlanta, GA 30326 USA.
The Terms of Use Agreement (the “Agreement”) governs your use of the Site including, without limitation, all content such as text, information, images, software, and materials (collectively, the “Content”) and the Services (as defined in Section 3) made available to you or by you through this Site by UB BRANDS and/or third parties at any time. The Site is designed to comply with U.S. laws and regulations. This Agreement includes any posted guidelines or rules applicable to particular Content or Services. You can review the most current version of the Agreement at any time at organicrootstimulator.com or orshaircare.com. The materials posted are for personal, noncommercial use only and you may not otherwise copy, modify, transmit, display, perform, reproduce, publish, license, transfer, sell or distribute the contents of these pages without the express written consent of UB BRANDS. You may not advertise or solicit on these pages without UB BRANDS’ express written consent. You may not use any materials available from this Site for any purpose inconsistent with these Terms and Conditions of Use.
Your use of the UB BRANDS website may also be subject to further terms outlined elsewhere within this Agreement. In addition, the UB BRANDS website may contain supplementary terms that govern a particular feature, contest, sweepstakes, or any other offer which may appear on the UB BRANDS website.
If in any case any of the terms, conditions, and notices contained within this document conflict with other terms and guidelines contained within any UB BRANDS website then these terms shall control. By using the Site, you agree to be bound by the Agreement, represent and warrant that you are either at least eighteen (18) years old, or a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor user’s use of the Site represent and warrant that you have the legal authority to accept the Agreement.
If you do not agree with the Agreement, you are not authorized to use the Site.
2. ACCESS TO THE SITE
Access to certain portions of this Site requires login and password information provided only to users who have registered (the “Registered Users”). The Site login and password are provided for the use of the individual Registered User only and are not transferable. Any user who obtains a login and password (collectively, “ID.”) by any means other than that user’s own registration as a Registered User, is not authorized to use that ID and UB BRANDS requests that such user notify UB BRANDS of the improperly disclosed ID. Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at UB BRANDS’ sole discretion, in cancellation of the Registered User’s subscription and other remedies, and UB BRANDS shall have no liability to the Registered User. Certain other Content or Services on the Site may require additional identification or passwords. Registered Users are solely responsible for maintaining the strict confidentiality of their IDs and not allowing another person to use their IDs to access the Site any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs promptly informing UB BRANDS in writing of any need to deactivate an ID due to potential or actual security concerns.
UB BRANDS is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify UB BRANDS in writing of any unauthorized use of your ID.
3. CONTENT AND SERVICES
The Site may provide certain Content and services that UB BRANDS may change or update from time to time (the “Services”). The ability to post Content may be provided to allow users and/or Registered Users to share ideas and information of interest. [The Site is designed to be used by adults and in the event that a child should use the site it must be used in conjunction with a parent or legal guardian (“Parent”). In all cases, the Parent shall have ultimate control over his or her children’s use of the Site.] UB BRANDS does not filter advertisements or other content that children may view through our website or non-affiliated sites, and they may receive information and materials from the internet or advertising that are inappropriate for children. UB BRANDS encourages parents to utilize electronic filtering software and/or monitor their children online. UB BRANDS cannot and does not take responsibility for the Content posted or transmitted by users and Registered Users. By using this website you understand and agree that by providing you with the ability to view and distribute user-generated content on this site, UB BRANDS is acting as a conduit for distribution and is not willing and is unable to assume any liability or obligation relating to any content or activity on this website. UB BRANDS may, but is not obligated to monitor or review any areas on the website in which users can communicate solely with each other or where users transmit information to each other, including but not limited to chat rooms, blogs, bulletin boards, or other user forums and the content of any communication. UB BRANDS will have no liability related to the content of any such communication regardless of any laws concerning copyright, libel, privacy, obscenity, trademarks, or otherwise. Users and Registered Users are advised to use their best judgment when choosing to participate in any information-sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at orshaircare.com. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact UB BRANDS to request the removal of such Content.
4. INTELLECTUAL PROPERTY RIGHTS
Copyright and Trademarks and Service Marks Content and all intellectual property rights involved in the content of this website (including copyrights, trademarks, service marks, trade secrets, and patents) are the property of UB BRANDS or other owners that/who have granted, rights or licenses of use such Intellectual Property. Unless indicated otherwise and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries, and other applicable intellectual property laws. Certain materials are used by permission of their respective owners. The Content is provided solely to enable users to obtain information on topics of interest. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of UB BRANDS, except that, subject to your compliance with this Agreement, UB BRANDS authorizes you to view or download a single copy of the Content for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of UB BRANDS or third parties. You agree not to use or display any Marks, logos, or designs appearing on this website without the prior written consent of UB BRANDS or the owner of such Marks.
Digital Millennium Copyright Act Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), UB BRANDS’ designated agent for notice of alleged copyright infringement in connection with the Site is as follows:
UB BRANDS INC.
Atlanta, GA 30326 USA.
Phone: (770) 305-6941
Toll free: (866) 993- 1507
To file a notice of infringement with UB BRANDS, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
Data From time to time, you may provide UB BRANDS with information, including, without limitation, Account Information (as defined in the Privacy Policy), Personal Information (as defined in the Privacy Policy), suggestions, ideas and/or any other content (collectively, “Data”). You hereby grant to UB BRANDS a nonexclusive license to the Data solely for providing the Content and Services, for operating the Site and for other purposes permitted by or set forth herein. You represent and warrant that you have obtained all necessary rights to provide the Data to UB BRANDS for use for these purposes. UB BRANDS and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the content and its data, images, sounds, text, and any other information embodied therein including but limited to information we may collect from you for any and all commercial and noncommercial purposes.
Posting Information By posting or submitting material to these pages you represent that such material will not infringe on any personal or proprietary rights of any third parties and that you have all necessary rights in and to such material. Further, you authorize UB BRANDS’ use of such material in any manner or medium. Also, it is your duty to make sure that all information uploaded by you onto this website, which includes, but is not limited to, images, text, videos, and audio files, does not infringe on any copyright, trademark or trade secret or any other rights of any business or third party. If such information is posted, you must first have the expressed consent of the owner of those rights.
5. USE OF THE SITE AND REGISTRATION REQUIREMENTS
Use of the Site is voluntary. You may choose not to use the Site and you may choose not to use your ID. You may cancel your ID at any time by contacting UB BRANDS at the addresses provided below. If you choose to have an ID, you agree that you will be responsible for maintaining your ID as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your ID. You agree to immediately notify UB BRANDS by one of the methods below in the event that your ID is lost or stolen, or you become aware of any unauthorized use of your ID or of any other breach of security related to the Site. UB BRANDS is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. You may contact UB BRANDS as follows:
UB BRANDS INC.
Atlanta, GA 30326 USA.
Phone: (770) 305-6941
Toll free: (866) 993- 1507
Some of your Account Information may be stored by third parties, such as your bank or another third-party payment processors. You hereby authorize UB BRANDS to access your Account information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site.
UB BRANDS will, as applicable, submit the information that you provide to UB BRANDS to the applicable third party. You hereby authorize and permit UB BRANDS to use information submitted by you to the Services (if any) to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. Solely to fulfill the Services hereunder, you grant UB BRANDS a limited power of attorney and appoint UB BRANDS as your attorney-in-fact and agent to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN UB BRANDS IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD-PARTY SITES, UB BRANDS IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR UB BRANDS’S USE OF SUCH INFORMATION.
6. PROHIBITED BEHAVIOR
You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting UB BRANDS and third parties’ rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of UB BRANDS and third parties’ rights. You shall not use the Site or Services to Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive Impersonate another person or entity, including without limitation, a representative of UB BRANDS or its officers, directors, employees, contractors or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication Collect or store personal data with respect to third parties except as contemplated by the Agreement Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect UB BRANDS or any third party Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
UB BRANDS reserves the right to review, edit, or delete any material deemed inappropriate, including information and links provided by advertisers and third parties. UB BRANDS also reserves the right to discontinue the availability or use of its web pages to any user or third party without notification or reason.
7. CLAIMS
Product effectiveness claims are expressly limited to the United States unless otherwise disclosed on this website.
8. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN ‘AS IS’ AND “AS AVAILABLE’ BASIS. UB BRANDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UB BRANDS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. UB BRANDS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UB BRANDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF UB BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF SO, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless UB BRANDS, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these terms of use or any activity related to your internet account by you or any other person accessing the website using your internet account.
11. LINKS TO OTHER SITES
The linked sites are not under the control of UB BRANDS and UB BRANDS is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site all of which may have separate privacy and data collection practices independent of UB BRANDS. UB BRANDS reserves the right to terminate any link or linking program at any time. UB BRANDS has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. You should contact the website administrator or webmaster for those non-affiliated websites if you have any concerns regarding such links or the content located on such websites. UB BRANDS DOES NOT ACT AS AN AGENT OF ANY THIRD PARTY, EXCEPT TO THE EXTENT SET FORTH IN SECTION 6.
12. APPLICABLE LAWS
This Site is controlled by UB BRANDS from its offices within the State of Georgia, U.S.A. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of United States export laws or regulations. Any claim relating to the Site must be filed within one year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Georgia, without regard to its conflicts of law’s provisions. Venue with respect to any dispute between the users and UB BRANDS will rest exclusively in the state or federal courts located in Atlanta, GA 30326 USA.
13. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, and any other UB BRANDS policy which is incorporated herein by this reference, contains the entire agreement between you and UB BRANDS relating to the subject matter hereof and supersedes any other oral or written communications relating thereto. UB BRANDS reserves the right to make changes to this Agreement at any time without advance notice. UB BRANDS shall post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
14. TERMINATION
Your right to access and use the Site, Services and/or Content immediately terminates without further notice upon your breach of this Agreement. UB BRANDS may terminate this Agreement and/or your right to use the Site at any time, with or without cause. UB BRANDS reserves the right to discontinue or make changes to the Site, Content, and/or Services at any time.
15. NOTICE
UB BRANDS may deliver notice to you under this Agreement by means of electronic mail, a general notice on ubbrands.com, or by written communication delivered by first class U.S. mail to your address on record in UB BRANDS’ account information. You may give notice to UB BRANDS at any time via electronic mail to or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
UB BRANDS INC.
Atlanta, GA 30326 USA.
Phone: (770) 305-6941
Toll free: (866) 993- 1507
If you observe any objectionable or obscene material found on this Site, please bring your concerns to the attention of the webmaster by going to our contact us page. The Site administrator reserves the right to remove any material pending further investigation.
16. GENERAL
You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to your continued use of the Content, Services or access to the Site. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 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. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. UB BRANDS reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. UB BRANDS reserves the right to refuse to offer access to the Site to anyone at any time without notice. You may not assign this Agreement without UB BRANDS’ prior written permission. This Agreement is binding upon your successors, assigns, heirs and executors.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT USE THE SITE.