Moroccanoil U.S. Terms & Conditions Effective Date: December 15, 2021 Welcome to (“Website” ). The Website is owned and operated by Moroccanoil Israel, Ltd or its affiliates or subsidiaries (“Moroccanoil,” “we, “us” or “our”) and provides the content and services available on the Website to you subject to the following terms and conditions, our Privacy Policy ( and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”), without limitation or qualification. 1. Agreement to Terms By visiting our Website, you consent to and agree to be bound by these Terms and Conditions. These Terms and Conditions apply to all users of the Website, including any user who contributes content, information, or other materials to the Website. By accessing or using this Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You acknowledge that this agreement is supported by reasonable and valuable consideration, including but not limited to, your use of the Website and receipt of data, materials, and information available through the Website. You may only use the services available on this Website if you are capable of forming a binding contract with Moroccanoil and are not barred from using the Website under applicable law. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. 2. Privacy Review our Privacy Policy ( so that you may understand our privacy practices, which also govern your use of our Website. 3. Your Obligations and Responsibilities You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from this Website; (c) do not have more than one (1) account at any given time for this Website; and (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or place an Order or Orders (as defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website or the services (or any portion thereof). In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the all laws, custom and in good faith. You may not make any change or alteration to the Website or any content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Moroccanoil. You may not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Website. By accessing or participating in the Website, you agree that you will not provide to Moroccanoil or the Website any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Moroccanoil. 4. Purchase Related Policies The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location. Additional policies apply to you related to orders placed through this Website (such as order processing, shipping and handling, returns and exchanges). It is your responsibility to read and understand any additional purchasing policies. Our liability to fulfill the order ends upon delivering the good to the carrier. Risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. 5. Product Subscription (Auto-Delivery) Policy When you first sign up for a product auto-delivery, you are charged only for the first subscription term selected (e.g. every 1 month, every 3 months, every 4 months, etc.). All subscriptions are continuous, and you will be charged the listed price at the frequency selected. If you wish to cancel or modify your auto-delivery, you can do so at any time as described in this section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order. By purchasing a product through our auto-delivery service, you agree and acknowledge that your purchase has an initial and recurring payment charge at the then-current rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable, any charges processed by Moroccanoil after the expiration date of your payment card. Moroccanoil may change the price of products or remove products from time to time, and will communicate any price or product availability changes to you in advance in accordance with the “Consent to Receive Notices Electronically by Posting on the Website and Via Email” section of this Agreement. Price changes or product availability will take effect as of the next billing period following the date on which Moroccanoil provided notice to you of the price or product availability change. By continuing to allow Moroccanoil to charge your account after the effective date of a price change, you indicate your acceptance of such price change. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription prior to the effective date of the price change. Please make sure that you read any notifications of price changes carefully. If your Auto-delivery order is temporarily out-of-stock, we will send you an email alerting you to that and will ship your order and charge your payment method as soon as it is back in stock. If you want to cancel your order during this period, please follow the cancellation methods listed below. Your Auto-delivery will remain in effect until you cancel it. You may cancel at any time via your auto-delivery page, which can be found by logging into your account profile at or by calling Moroccanoil’s Customer Service at 1-888-700-1817. Cancellations become effective immediately unless such cancellation is made less than forty-eight (48) hours before the product shipment date in which case the cancellation will be processed for the following shipment. If you cancel Auto-delivery for an item and then reactivate it, any discounts applied to the Auto-delivery item may not be the same discount in effect at the time of cancellation. If the Auto-delivery discount percentage for the program changes or any other Auto-delivery benefits change, the new discount and/or benefits will be applied to your future shipments of that item. By choosing to participate in our Auto-delivery program and providing your credit card information, you consent to the storage of your credit card information by Moroccanoil. All credit card information is appropriately encrypted, thereby insuring that all orders are placed safely and securely. As such, Moroccanoil is not liable for any direct or indirect damages related to credit card fraud or theft. 6. Order Confirmation & Shipping After your order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to you shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, you must contact Moroccanoil Online Customer Service by phone at to 1-888-700-1817, or via email at for assistance. Moroccanoil orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped. If an order was not shipped, was incorrectly shipped or is missing a product, Buyer shall contact Moroccanoil Online Customer Service by phone at to 1-888-700-1817 , or via email at for assistance. 7. Missing Items If you received incorrect items in your order, you must contact Moroccanoil Online Customer Service by phone at 1-888-700-1817, or via email at, within 30 days of receipt of the order. Moroccanoil will send out the correct products as soon as possible, and reserves the right to pick up the products that were sent in error in order to have them returned back to the company. 8. Product Warranty Moroccanoil Inc. (“Moroccanoil”) expressly warrants that the Moroccanoil products it exclusively sells or permits authorized accounts to sell in the United States (collectively, the “Products”) will be free of material defects in manufacturing, material, or workmanship under normal use, consumption, subject to conditions contained in this limited warranty (the “Limited Warranty”). Moroccanoil does not warrant, and is not responsible for, any product other than Products sold by Moroccanoil, a qualified professional salon, spa, beauty supply store or independent stylist, select authorized retailers or online reseller, or from the official Moroccanoil website (an “Authorized Account”) who procured the Products from Moroccanoil and complied with Moroccanoil’s terms and conditions. This Limited Warranty will apply only to Products sold by Moroccanoil or an Authorized Account (that is contractually subject to and follows Moroccanoil’s quality controls) to a direct consumer of the Products (“Consumer”), unless otherwise prohibited by applicable law. The Limited Warranty shall apply to each Product only if a valid receipt is provided as proof of purchase from an Authorized Account. This warranty does not cover any Moroccanoil products that were not originally purchased from an Authorized Account. FOR STYLING TOOLS ONLY : in addition to providing the receipt, if the person claiming under the warranty is not the original purchaser, evidence of change of ownership of the Moroccanoil styling tool must be provided. If a Moroccanoil styling tool is bought from an Authorized Account and then sold to a third party, then the warranty transfers with the Moroccanoil styling tool, subject to appropriate evidence of the change of ownership. Moroccanoil warrants all of its styling tools against defects in materials and workmanship for two (2) years from original purchase date (“Warranty Period”). If we receive a valid claim during the Warranty Period, along with the documentation described in the preceding paragraph, we will repair the returned tool or (in our discretion) replace it with a product of equivalent value. Replacement products are warranted as above only for the remainder of the original applicable Warranty Period and the Warranty will continue to apply to the repaired or replaced styling tool only until the end of the original Warranty Period. This warranty DOES NOT COVER cosmetic damage including scratches or dents, or normal wear and tear including but not limited to: rusting, shorts in the power supply cord or plug, or excessive product buildup on the barrel or scratched or damaged barrel (in the case of styling irons), or damage due to accident, misuse or abuse such as: dropping (broken housing, broken hinges, loose barrel, rattling noise, etc.), wrong voltage supply (including use of the tool in a country other than where it was intended to be used), damage from external sources such as transport, electrical outages or power surges, damage or failure due to unpredictable circumstances or neglect in safety precautions or regular maintenance; use of styling tool for any purpose other than styling hair as set out in the tool manual, or any tampering or modification such as repair or attempted repair by unauthorized persons, or use of unauthorized attachments. SOLE AND EXCLUSIVE REMEDY If a manufacturing, material or workmanship defect arises regarding any Product and a valid claim is received by Moroccanoil, Moroccanoil will, at its sole discretion: (1) refund the cost of the Product or (2) replace the Product with another Moroccanoil product that is the same or similar to the Product returned to Moroccanoil under this Limited Warranty. Moroccanoil will make every effort to replace Moroccanoil limited edition or specialty Products or discontinued Products but cannot guarantee their availability for replacement. Any Moroccanoil limited edition or specialty Products or discontinued Products still under its applicable Limited Warranty that cannot be replaced with an identical product will be replaced with the equivalent or substantially similar product based on availability. In the event of a defect, the remedies explicitly provided herein shall be the Consumer’s sole and exclusive remedies. This Limited Warranty is extended only to the original end-use Consumer, and will not be extended to any other person or transferee. EXCLUSIONS AND LIMITATIONS Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, the Consumer shall bear the risk as to the quality and performance of the Products, and the Consumer assumes the entire costs associated with the Products should the Products prove defective following their purchase. In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not, under any circumstance, cover defects resulting from: normal wear and tear of the packaging, improper storage of the Products by the Consumer, or otherwise due to the normal aging of the Product once in the Consumer’s possession; cosmetic damage, including but not limited to scratches, dents on packaging unless such failure has occurred due to a defect in manufacturing, materials or workmanship; improper or unreasonable use or maintenance; failure to follow use instructions; accident; excess moisture once in the Consumer’s possession ; insects; damage caused by accident once in the Consumer’s possession, abuse by the Consumer, misuse by the Consumer, fire, excessively hot temperature once in the Consumer’s possession, excessive cold temperature once in the Consumer’s possession, or other external cause; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures that are beyond the control of Moroccanoil or its Authorized Accounts; damages caused by use in combination with non- Moroccanoil products; and products purchased from any sellers other than Authorized Accounts that are not subject to Moroccanoil’s strict quality controls. FOR CONSUMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, THE BENEFITS TO THE CONSUMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CONSUMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO A CONSUMER IN ANY STATE OF THE UNITED STATES, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CONSUMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CONSUMERS COVERED BY SUCH LAW OR REGULATION. AS A RESULT, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO A PARTICULAR CONSUMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND MOROCCANOIL MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOROCCANOIL SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO A PARTICULAR CONSUMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES THE CONSUMER SPECIFIC LEGAL RIGHTS AND THE CONSUMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL MOROCCANOIL, ITS DISTRIBUTORS, SUPPLIERS, OR AUTHORIZED ACCOUNTS BE LIABLE TO CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF MOROCCANOIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CONSUMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF MOROCCANOIL AND ANY OF ITS DISTRIBUTORS, SUPPLIERS, AND/OR AUTHORIZED ACCOUNTS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CONSUMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS To submit a warranty claim, please call Moroccanoil’s Customer Service at 1-888-700-1817. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to Moroccanoil for inspection. Moroccanoil reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim. If you have any questions regarding this warranty, please call Moroccanoil’s Customer Service at 1-888-700-1817. 9. Right to Refuse We reserve the right, in our sole discretion, to refuse service at any time. Sale of any goods is subject to availability. 10. Order Limits Products ordered online are not for resale. As such, we reserve the right to limit order quantities per item and the total value of products ordered per day and per month. 11. Currency & Sales Tax All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Moroccanoil are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip. 12. Shipping Locations At this time, Moroccanoil ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam), the Armed Forces and PO boxes are currently unavailable. 13. Fraud Protection We reserve the right to refuse to process any order or remove corresponding loyalty points due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 14. Accuracy of Information We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Website that is in error, including with respect to descriptions, pricing and availability. Moroccanoil reserves the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order). Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Website have been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Reported results, if any, may not necessarily occur in all individuals. We are not offering products to diagnose, treat, cure or prevent any condition or disease. The Website is not a substitute for medical advice from your own health care practitioner. Please test all products before use. 15. Intellectual Property All content available on the Website, and its look and feel, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Moroccanoil, and is protected by United States, international and state laws, including laws governing copyrights and trademarks and unfair competition. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Moroccanoil in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited licenses herein, or as required under applicable law, neither the Content, Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to 16. User-Generated Content This Website may offer, from time to time, the ability to post reviews and generate user created content, either with your account or linked social media profile. If you choose to use this feature, you grant Moroccanoil a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display and reproduce, and distribute copies of any and all portion of your content in connection with our products and services, on this Website or another as well as in paid advertising and email marketing. Further, it is your responsibility when generating user content to ensure that you have all rights necessary to grant us the license rights in your user content. You represent and warrant that no part of your user generated content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You may not post, publish, submit or transmit any content that violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability. You may not post any fraudulent, false, misleading, or deceptive content. You may not solicit other products or services on our Website. You may not post anything that is defamatory, obscene, pornographic, vulgar or offensive, nor may you post anything that promotes discrimination, racism, harassment, or harm of any kind, whether physical or emotional, against any individual or group. You may not post anything that promotes any illegal or illicit behavior. You may not use any content of this Website, in whole or in part, in an unlawful manner. You shall not solicit the performance of any illegal activity or other activity which infringes the rights of Moroccanoil or others. 17. Limited Licenses We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) modify or download the Website or Content (except caching or as necessary to view the Website); (c) make any use of the Website or Content other than personal use; (d) create any derivative work based upon either the Website or Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (h) may link to, but not replicate, our Content; (i) may not imply that we are endorsing such Web site or its services or products; (j) may not misrepresent its relationship with us; (k) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (l) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (m) may not use any Trademark; and (n) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Website terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions. 18. Feedback and Suggestions We always accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential. 19. Advertisements, Sponsorships, Co-Promotions And Other Partnerships We may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services. The views presented are the views of the third party, alone, and do not reflect the views of Moroccanoil. 20. Intellectual Property Complaints We respect the intellectual property of others. If you believe that a work has been copied or used on this Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. To effectively notify us of intellectual property complaints, please provide ALL of the following information: a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; b. a description of the copyrighted work that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the Moroccanoil Web Sites; d. your address, telephone number, and email address and all other information reasonably sufficient to permit Moroccanoil to contact you; e. 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; 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 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: Moroccanoil Legal Department 5742 Ferrier Street Montreal, QC. Canada H4P 1M7 BY FAX: (514) 933 6998 21. Representations and Warranties; Limitation of Liability THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE WEBSITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY BUYER FOR THE PARTICULAR ITEMS PURCHASED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 22. Indemnification You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this Website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. 23. Disputes; California Law Applies With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. YOU CONSENT TO ENTER INTO BINDING ARBITRATION AS THE SOLE REMEDY TO ANY DISPUTE, MEANING YOU ARE WAIVING YOUR RIGHT TO SUE, YOUR RIGHT TO A JURY TRIAL, AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU AGREE THAT ANY ARBITRATION SHALL BE BROUGHT ON AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CLASS REPRESENTATIVE ACTION. ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL, BINDING ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA, AND YOU SUBMIT TO THE JURISDICTION AND PROCEEDINGS THEREOF, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OUR AFFILIATES, PARTNERS OR LICENSORS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ANY CAUSE OF ACTION OF WITH RESPECT TO THE E-STORE MUST BE INSTITUTED WITHIN 3 MONTHS AFTER ANY PURCHASE OR BE FOREVER WAIVED AND BARRED. Binding arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Each party is responsible for its own fees of representation and defense, and will split (50-50) the cost for any filing, administrative and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous. 24. Termination We may, at our discretion, terminate services at any time and without any notice to you. Upon termination or cancellation of service, all provisions of this agreement will remain in effect. 25. Consent to Receive Notices Electronically by Posting on the Website and Via Email You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting Notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. If we elect to give any Notices by email, we will rely on the email provided by you when sending out these Notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website will not constitute a lack of notice. 26. General You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website. Your continued use of the Website following an update to the Terms and Conditions constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. These Terms and Conditions should be interpreted broadly and under the laws of the State of California. If any provision is void or otherwise unenforceable, that provision shall be stricken and the rest of the contract will remain in full effect. You may not assign or transfer any rights under these Terms and Conditions without the consent of Moroccanoil. Assignment or transfer of any and all rights without the consent of Moroccanoil will be null and void. If you have any questions regarding these Terms and Conditions, please contact us at For any intellectual property complaints or intellectual property licensing requests, please contact us by email at For any questions on how to order or the status of an order, please contact Moroccanoil Online Customer Service by phone at 1-888-700-1817, Monday to Friday 8:30 a.m.-5:30 p.m. EST, or via email at for assistance. Copyright © 2021 Moroccanoil. All worldwide rights reserved.