TERMS OF USE AGREEMENT BETWEEN USER AND DC LABS


The network of Web Sites (collectively, the "DC Labs Web Sites") operated by DC Labs or its affiliates or subsidiaries ("DC Labs" or "EQyss Grooming Products"), is comprised of various Web sites and Web pages. The DC Labs Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DC Labs Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular DC Labs website included within the DC Labs Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the DC Labs Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DC Labs website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site").
By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE.
DC Labs reserves the right to change the terms, conditions, and notices under which the DC Labs Web Sites are offered, including but not limited to the charges associated with the use of the DC Labs Web Sites. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the DC Labs Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DC Labs Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with DC Labs or to purchase DC Labs products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of DC Labs is strictly prohibited.

Harassment in any manner or form on the Site or any of the DC Labs Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a DC Labs employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

REPLENISHMENT PROGRAM SUBSCRIPTION
By participating in the Replenishment Program and purchasing a recurring Subscription, you agree to initial and recurring product Subscription charges imposed by DC Labs at the then-current product rate, and you accept responsibility for all recurring charges made prior to cancellation of your Subscription. Your membership in the Program will remain in effect until it is cancelled.

Automatic Renewal Terms: Once you register for the Replenishment Program, DC Labs will automatically process your product Subscription charges in the next billing cycle, AND as authorized by your registration, which demonstrates your EXPRESS CONSENT to recurring charges, DC Labs will continue to automatically process your Subscription charges at the then-current Subscription rate without further notice to you and without your authorization, unless you cancel your Subscription. Information on how to cancel your registration with the Replenishment Program is available at http://ovationhair.com/replenishment-program.html.

COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of DC Labs. The collective work includes works that are licensed to DC Labs. Copyright 2007. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to DC Labs and EQyss Grooming Products, or other respective owners that have granted DC Labs the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

DC Labs respects the intellectual property of others, and we ask our users and visitors to do the same. DC Labs will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, DC Labs will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DC Labs the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit DC Labs to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:
By mail: DC Labs Legal Division Box 130008 Carlsbad, CA 92013-0008 By Email: askus@ovationhair.com (Please include "Notice of Infringement" in the subject line.) IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DC LABS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TYPOGRAPHICAL ERRORS
In the event a DC Labs product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, DC Labs shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. DC Labs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DC Labs shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by DC Labs without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION
DC Labs does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, DC Labs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DC Labs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to DC Labs at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by DC Labs in accordance with DC Labs’ Privacy Statement.

USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. DC Labs will have no obligations with respect to the Communications. DC Labs and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

USER CHAT ROOMS
DC Labs may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. DC Labs, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with DC Labs, DC Labs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DC Labs. DC Labs has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that DC Labs sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, DC Labs seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

CLAIMS
Each claim or statement about the effectiveness of DC Labs products and/or each claim or statement comparing the effectiveness of DC Labs products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

DISCLAIMER
DC Labs makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
DC Labs does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DC Labs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DC Labs DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DC LABS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL DC LABS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DC Labs HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE 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, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DC Labs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Except where otherwise prohibited, you expressly agree that by purchasing products from this website, all disputes, claims, or proceedings, directly or indirectly arising out of your use of this DC Labs website or products purchased by or for you on this website, shall be resolved exclusively by arbitration, which can be pursued by you only on an individual basis and not on behalf of any other individuals, including without resort to any form of class action.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DC LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.

Prior to initiating any arbitration proceeding against DC Labs, you agree to raise your concern or complaint directly with DC Labs in order to see if the parties can reach an amicable resolution without the need to resort to arbitration.  If the parties are unable to resolve your concern or complaint within thirty (30) days from the time it is received by DC Labs, then you may invoke arbitration by filing a separate Demand for Arbitration with Judicial Arbitration and Mediation Services (“JAMS”), which shall be governed by JAMS’ Streamlined Arbitration Rules & Procedures, which can be found at www.jamsadr.com/files/Uploads/Documents/JAMS-Rules/JAMS_streamlined_arbitration_rules-2009.pdf.  The JAMS arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class action or representative proceeding.  The arbitrator shall have no authority to award punitive, consequential, or any other damages that are not measured by the prevailing party's actual damages, except as may be required by statute.

You agree that any dispute will be governed by the laws of the State of California and that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with your use of DC Lab’s website, its products, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever banned.  DC Labs' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  DC Labs may assign its rights and duties under this Agreement to any party at any time without notice to you.  DC Labs makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access and use this Site from locations outside the state of California do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export products or the materials on this website in violation of U.S. export laws and regulations.

GENERAL
DC Labs may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

OUR ADDRESS
United States DC Labs Box 130008 Carlsbad, CA 92013-0008 Email: info@ovationhair.com

LOYALTY REWARDS PROGRAM
Membership & Eligibility
Membership to the Ovation Nation Loyalty Program ("Membership") is limited to individual consumers only and is limited to one account per individual. Employees, officers, directors, agents and representatives of DC Labs, Inc. (aka Ovation) are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
By submitting an application for the Ovation Nation Loyalty Program (the "Program"), you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law. Affiliates of DC Labs, Inc. (aka Ovation) may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other DC Labs, Inc. (aka Ovation) affiliate.
Neither accounts nor Program points may be shared or combined. Only the Member paying for the products for personal use may accumulate points. Members will not receive points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. Ovation is not responsible for points lost or redeemed due to fraudulent or unauthorized activity. Suspected illegal, fraudulent or other unauthorized use of Ovation issued vouchers, coupons and certificates or any other activity inconsistent with these Terms and Conditions shall result in termination of Membership. Ovation reserves the sole right to audit, investigate, make a final determination and adjust Membership accounts at any time.

Points have no cash value. Members earn points on every eligible purchase. A Loyalty Reward will be issued to the Member per 50 mature points earned. If an eligible order or parts of an eligible order are returned, canceled, exchanged, the points issued for that order or part thereof will be adjusted accordingly in the Member’s account. Members cannot receive reward points for purchases made prior to joining the Program. Points can only be accumulated and rewards redeemed at the site or over the telephone by a Personal Account Representative. Points cannot be redeemed until credited to the Member’s account. Unused Ovation Loyalty Rewards Points do not expire, except if DC Labs, Inc. (aka Ovation) in its sole discretion and determination decides to terminate the Loyalty Rewards Program. Loyalty Rewards Certificates expire one year from creation. All Loyalty Rewards are subject to availability.

Any applicable tax liabilities resulting from points awarded under the Program are the responsibility of the Member.

Agreeing to DC Labs, Inc. (aka Ovation)'s Privacy Policy & Email

DC Labs, Inc. (aka Ovation) values your privacy. The personal information collected from each Member, including purchase history and credit card information, will be used and disclosed by DC Labs, Inc. (aka Ovation) for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by DC Labs, Inc. (aka Ovation)'s Privacy Policy. By submitting an application for the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by DC Labs, Inc. (aka Ovation)'s Privacy Policy and Terms of Use. Please see DC Labs, Inc. (aka Ovation)'s Privacy Policy and Terms of Use at www.OvationHair.com.
Changes, Termination And/Or Removal From Program

DC Labs, Inc. (aka Ovation) may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program or may terminate the Program any time at its sole discretion, without prior notice. DC Labs, Inc. (aka Ovation) reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of DC Labs, Inc. (aka Ovation) may subject Members to Membership revocation and will affect eligibility for further participation in the Program. If your Membership is revoked, any points in your account will automatically expire. DC Labs, Inc. (aka Ovation) reserves the right to make changes to its Web site, and these disclaimers, terms and conditions at any time. It is your responsibility to check or review these terms and conditions from time to time to keep informed of any changes.
Limitation of Liability

DC LABS, INC. (AKA OVATION) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. 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. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON DC LABS, INC. (AKA OVATION)'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM DC LABS, INC. (AKA OVATION) AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

Copyright
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2012 DC Labs, Inc. (aka Ovation) USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of DC Labs, Inc. (aka Ovation) and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of DC Labs, Inc. (aka Ovation) or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of DC Labs, Inc. (aka Ovation) is strictly prohibited.

Trademarks
OvationHair.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of DC Labs, Inc. (aka Ovation) and may not be used in connection with any product or service that is not offered by DC Labs, Inc. (aka Ovation) in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DC Labs, Inc. (aka Ovation). All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Applicable Law: The Program is created and controlled by DC Labs, Inc. (aka Ovation) in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in the State of California in all disputes arising out of or relating to these terms and conditions or the Program.
Additional Information on the Program

If you have any questions regarding the Program, you may call 1.888.411.3252 and speak to a customer service representative

Copyright 2010 DC Labs. All rights reserved