Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.  BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDIIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.  IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.  IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Arubah Organic Hair Products, Inc. (dba Arubah Organics) and Whoop Hair It Is!, companies duly organized and validly existing, located at 2319 Kennington Rd, Raleigh, North Carolina 27610.  This agreement annuls and voids all previous agreements.

OVERVIEW OF OWNERSHIP AND OPERATION

This Site (www.arubahorganics.com) is operated by Whoop Hair It Is! in conjunction with Arubah Organics.  Throughout the Site, the terms "we, "us" and "our" refer to both companies. who offers this Site, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site.  By accessing or using any part of the Site, you agree to be bound by these Terms.  If you do not agree to al the Terms of this Agreement, then you may not access the Site or use any Service.  If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms.  You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

This website is provided for your information and entertainment, with the expectations that you not only love it, but you share the love so that others may enjoy it as well.  Browse our website, utilize each and every feature with good taste and apply what we offer to you in a positive light.

AGREEMENT TO BE BOUND/TERMINATION

Your access to and use of this Service constitutes your agreement with Arubah Organics and Whoop Hair It Is! to be bound by, and to act in accordance with, these Terms of Service. From time to time, Arubah Organics and Whoop Hair It Is! may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Service. If there is a conflict between these Terms of Service and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

You may terminate your use of this Service at any time. Arubah Organics and Whoop Hair It Is! may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Service as determined by Arubah Organics and Whoop Hair It Is! in its sole discretion, or (ii) for any other reason in Arubah Organics and Whoop Hair It Is!'s sole discretion. Arubah Organics and Whoop Hair It Is! may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Arubah Organics and Whoop Hair It Is! upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Unilever shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

3. User Accounts

If you register an account on the Service (an "Account"), you:

• must not allow any third party to access the Service using the email address you provided during the registration process ("Log-in ID") and password;
• are prohibited from using anyone else's Log-in ID and password to access the Service;
• are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
• will notify Arubah Organics and Whoop Hair It Is! immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
• are responsible for ensuring that any information that you provide to Arubah Organics and Whoop Hair It Is! as part of the account registration process is accurate and is kept up to date at all times, and you will notify Arubah Organics and Whoop Hair It Is! immediately of any changes to this information.

4. Continuing Agreement

We may change or revise these Terms of Service from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Service.

5. Ownership and Use of the Service and Site Materials

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Arubah Organics and Whoop Hair It Is! and its licensors. Arubah Organics and Whoop Hair It Is! also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Arubah Organics and Whoop Hair It Is! grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Service. Arubah Organics and Whoop Hair It Is! may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Arubah Organics and Whoop Hair It Is! in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Arubah Organics and Whoop Hair It Is!'s or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Arubah Organics and Whoop Hair It Is!'s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Service, or as authorized in writing by Arubah Organics and Whoop Hair It Is!, is strictly prohibited. All rights not expressly granted to you are reserved by Arubah Organics and Whoop Hair It Is! or its licensors.

6. Downloaded Software

From time to time Arubah Organics and Whoop Hair It Is! may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and Arubah Organics and Whoop Hair It Is! does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Service. Arubah Organics and Whoop Hair It Is! retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to United States export control laws. If you download Software from this Service, you represent and warrant to Arubah Organics and Whoop Hair It Is! that you are not acting in violation of those laws.

7. Mobile Devices

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Arubah Organics and Whoop Hair It Is! makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Arubah Organics and Whoop Hair It Is! will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

8. Privacy

For information on how Arubah Organics and Whoop Hair It Is! uses and protects the personal information you may provide on this Service, please read the Arubah Organics and Whoop Hair It Is! Privacy Policy at: https://www.arubahorganics.com. The Privacy Policy is incorporated into these Terms of Use and explains Arubah Organics and Whoop Hair It Is!'s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

9. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

• not to use this Service in breach of these Terms of Service;
• not to use this Service for commercial purposes;
• not to "spam" others or "phish" for others' personal information;
• not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
• not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
• not to use, frame or utilize framing techniques to enclose any part of this Service without Unilever's express prior written consent;
• not to use meta tags or any other "hidden text" utilizing any Trademark without Unilever's express prior written consent;
• not to "deeplink" to this Service without Arubah Organics and Whoop Hair It Is!'s express prior written consent;
• not to create or use a false identity on this Service;
• not to collect or store personal data about others;
• not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
• not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
• not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Service;
• not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Service. Such restricted web sites shall include, without limitation, blogs and other online publications; and
• not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Service and the requirements of Arubah Organics and Whoop Hair It Is!.

You agree to immediately notify Arubah Organics and Whoop Hair It Is! if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Service, including any unauthorized access to your Account. If you so notify Arubah Organics and Whoop Hair It Is!, or we otherwise suspect such activity, you agree to cooperate with Arubah Organics and Whoop Hair It Is! in any investigation and to use any prevention measures we prescribe.

10. User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

• include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
• include any material that by itself, or by its use as permitted in these Terms of Service, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
• are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
• contain advertisements or solicitations of any funds, goods or services;
• is a communication by a user impersonating another user;
• contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
• could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Arubah Organics and Whoop Hair It Is! through this Service, whether solicited or unsolicited, you agree that you are granting Arubah Organics and Whoop Hair It Is!, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Unilever also reserve the right to terminate your Account if you violate any of these Terms of Service or our policies, as determined in our sole discretion. You agree that Arubah Organics and Whoop Hair It Is! does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by visiting http://www.arubahorganics.com/resource/contact/default.aspx and filling out the contact form, or by calling 984-297-7462, or writing to us at Arubah Organics and Whoop Hair It Is! Consumer Services 2319 Kennington Road, Raleigh, NC 27610. Please provide as much detail as possible, including a copy of the underlying material, the location where Arubah Organics and Whoop Hair It Is! may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Arubah Organics and Whoop Hair It Is! will only remove User Submissions if Arubah Organics and Whoop Hair It Is! believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Arubah Organics and Whoop Hair It Is! assume any liability for failing to either monitor or remove specific User Submissions.

Arubah Organics and Whoop Hair It Is! will fully cooperate with any law enforcement authorities or court order requesting or directing Arubah Organics and Whoop Hair It Is! to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Arubah Organics and Whoop Hair It Is! may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Arubah Organics and Whoop Hair It Is!, its customers or the public.

11. Voting/Rating Features

For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Unilever assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Unilever may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Arubah Organics and Whoop Hair It Is! reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Service, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Arubah Organics and Whoop Hair It Is!'s decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

12. Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

13. Geographic Scope of Site

Arubah Organics and Whoop Hair It Is! controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those Arubah Organics and Whoop Hair It Is! products that are sold by Arubah Organics and Whoop Hair It Is! in the United States and its territories and possessions, and Arubah Organics and Whoop Hair It Is! makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

14. Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Unilever ("Third Party Site"). Unilever has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Unilever may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Unilever to, or an endorsement by Unilever of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any Arubah Organics and Whoop Hair It Is! products through a social network platform, including through links provided by Arubah Organics and Whoop Hair It Is! through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Arubah Organics and Whoop Hair It Is!, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

15. CONTENTS OF THIS SERVICE - DISCLAIMER

THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNILEVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ARUBAH ORGANICS AND WHOOP HAIR IT IS! UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. UNILEVER IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND ARUBAH ORGANICS AND WHOOP HAIR IT IS! DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, UNILEVER CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, ARUBAH ORGANICS AND WHOOP HAIR IT IS! IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF ARUBAH ORGANICS AND WHOOP HAIR IT IS! OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

16. OPERATION OF THIS SERVICE - DISCLAIMER

ARUBAH ORGANICS AND WHOOP HAIR IT IS! ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, ARUBAH ORGANICS AND WHOP HAIR IT IS! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNILEVER MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT UNILEVER) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ARUBAH ORGANICS AND WHOOP HAIR IT IS!, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "ARUBAH ORGANICS AND WHOOP HAIR IT IS! PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE ARUBAH ORGANICS AND WHOOP HAIR IT IS! PARTIES SHALL NOT BE LIABLE EVEN IF ARUBAH ORGANICS AND WHOOP HAIR IT IS! OR AN ARUBAH ORGANICS AND WHOOP HAIR IT IS! AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

18. Limitations as to Paragraphs 14, 15 and 16

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.

19. Indemnification

You hereby agree to defend, indemnify and hold the Arubah Organics and Whoop Hair It Is! Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Service, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

20. Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

LegalForce RAPC Worldwide 

Professional Law Corporation
446 E Southern Ave
Tempe, AZ 85282
650-965-8731 (office)  650 491-3860 (fax)
www.legalforcelaw.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

21. Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Service (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the New York state or federal courts, as applicable, located in New York County, and Unilever and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.  Arubah Organics and Whoop Hair It Is! and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Service.

22. Severability

If any provision of these Terms of Service shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

23. No Waiver

No failure on the part of Unilever to enforce any part of these Terms of Service shall constitute a waiver of any of Arubah Organics and Whoop Hair It Is! rights under these Terms of Service whether for past or future actions on the part of any person. Neither the receipt of any funds by Arubah Organics and Whoop Hair It Is! nor the reliance of any person on Arubah Organics or Whoop Hair It Is's actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by an authorized representative of Arubah Organics and Whoop Hair It Is! shall have any legal effect whatsoever.

24. No Legal Effect

The paragraph titles in these Terms of Service are for convenience only and have no legal or contractual effect.