Terms & Conditions
These are the terms of use ("Terms of Use") for your use of services or features on KeraCare.com, owned and controlled by Avlon Industries, Inc. (the "Site"). You may be accessing our Site from a computer or mobile phone device, PDA or PDA applications These Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
We also like to interact with you on Third Party Sites where we may post content or invite your feedback, such as FaceBook, Twitter, blogs and YouTube.com ("Third Party Sites"). Our Terms of Use and other areas of our Site provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but Avlon Industries, Inc. does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Avlon Industries, Inc. does not own or control, or to the actions of people that Avlon Industries, Inc. does not employ or manage. You should always check the terms of use posted on Third Party Sites.
By using the Site, you signify your agreement to these Terms of Use, and our Privacy Policy (available at www.KeraCare.coml) whether or not you have read them. If you do not agree with any of these, you should not use our Site.
Avlon Industries reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Avlon Industries, Inc. decides to change these Terms of Use, Avlon Industries, Inc. will post a new version on the Site and update the date set forth below. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site are Copyright © 2019 Avlon Industries, Inc.USA, Inc., ALL RIGHTS RESERVED.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Avlon Industries, Inc. and protected by U.S. and international copyright laws. All software used on the Site is the property of Avlon Industries, Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with KeraCare.com, using the Interactive Services or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Avlon Industries, Inc. is strictly prohibited.
Trademarks
KeraCare.com and all page headers, custom graphics, package design, illustrations, animations and button icons are service marks, trademarks, design marks, and/or trade dress of KeraCare and Avlon Industries, Inc. and may not be used in connection with any product or service that is not offered by Avlon Industries, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KeraCare. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.Product Information
The products displayed on the Site can be ordered and delivered only within the U.S. and Canada. KeraCare products displayed on the Site may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S.
All material and information presented by Avlon Industries, Inc. is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: This Site is solely an online store for specialty hair care products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Avlon Industries, Inc. does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. Avlon Industries, Inc. does not represent itself as a physician nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Site and the Interactive Services, including any samples Avlon Industries, Inc. may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Avlon Industries, Inc. Avlon Industries, Inc. reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Avlon Industries, Inc. in its sole discretion.
Color Information
While Avlon Industries, Inc. has tried to accurately display the colors of products; the actual colors you see will depend on your monitor and may not be accurate.Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site.Your Use of Content on the Site and Limitation of Liability
Avlon Industries, Inc. provides the Site and the Interactive Services and all other applications and services on the Site as a forum only. Avlon Industries, Inc. is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Sites, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Sites, including through the Interactive Services, is not controlled by Avlon Industries, Inc. Avlon Industries, Inc. cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Avlon Industries, Inc. shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Avlon Industries, Inc. be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Interactive Services.
You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Avlon Industries, Inc. reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Your Content Submissions
By submitting Content to Avlon Industries, Inc., you represent and warrant that:- You understand you are participating in a public forum and that your Content will be available to all other users of the Site, the Interactive Services and potentially Third Party Sites.
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Avlon Industries, Inc. to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use).
- All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.
- All Content that you post is accurate.
- You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
- Is not false, inaccurate or misleading.
- Does not harm minors.
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity.
- Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortuous, threatening or harassing to any individual, partnership or corporation.
- Is not submitted for compensation or other consideration from any third party; " does not include any information that references other website, addresses, email addresses, contact information or phone numbers.
- Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules.
- Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Avlon Industries, Inc. does not endorse any Content or any opinion, recommendation or advice expressed therein, and Avlon Industries, Inc. disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Avlon Industries, Inc. through the Interactive Services, (a) such Content is not confidential or proprietary and Avlon Industries, Inc. has no obligation of confidentiality, express or implied, with respect thereto; (b) Avlon Industries, Inc. may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Avlon Industries, Inc. under any circumstances unless you are otherwise notified by Avlon Industries, Inc. in writing.
For any Content that you submit, you grant Avlon Industries, Inc. a worldwide, perpetual, irrevocable, royalty-free, sublicense-able and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site
Guidelines for Interactive Services
We invite your questions, comments, opinions and feedback. We may offer several interactive Question & Answer services. All submitted questions and comments are read by our moderators and are subject to these Terms of Use. When posing a question on the interactive Question & Answer services which pertains to your usage and experience with a particular product, please consider the following guidelines:- Focus on the specific product and your individual experience using it.
- Provide any pertinent details about your hair and how you used the product.
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Avlon Industries, Inc. official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
As noted above, Avlon Industries, Inc. reserves the right to deny the posting of a question or comment for any reason. Your submission will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.
Third Party Content and Third Party Sites
Avlon Industries, Inc. may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Avlon Industries, Inc. does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Avlon Industries, Inc. and such third party. Avlon Industries, Inc. does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Sites. Avlon Industries, Inc. is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Avlon Industries, Inc. through the Interactive Services, do not necessarily reflect the views of Avlon Industries, Inc.Mobile Services
If you access the Site via your mobile phone (through a PDA application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.Modification of Content
The Content that you submit is not confidential and may be used at Avlon Industries, Inc. sole discretion. Avlon Industries, Inc. may or may not pre-screen Content. However, Avlon Industries, Inc. and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, Avlon Industries, Inc. and its designees will have the right to remove any Content that Avlon Industries, Inc. deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Avlon Industries, Inc. does not guarantee that you will have any recourse through Avlon Industries, Inc. to edit or delete any Content you have submitted. Avlon Industries, Inc. reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Avlon Industries, Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Avlon Industries, Inc., are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Avlon Industries, Inc., its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.Reservation of Rights
Avlon Industries, Inc. reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Site and to block or prevent your future access to and use of the Interactive Services and the Site. Avlon Industries, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Avlon Industries, Inc. (and its employees), its users and the public.Disclaimer
Avlon Industries, Inc. .IS PROVIDING THE SITE, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Avlon Industries, Inc. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Avlon Industries, Inc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Avlon Industries, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold harmless Avlon Industries, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Interactive Services.Applicable Law
The Site and Interactive Services are created and controlled by Avlon Industries, Inc. in the State of Illinois, U.S.A. As such, the laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Avlon Industries, Inc. reserves the right to make changes to its web site and these Terms of Use at any time.
Our Address
KeraCare
1999 N. 15th Avenue
Melrose Park, IL 60160
708-563-0363
email: orders at keracare dot com