Terms of Use

OVERVIEW AND ACCEPTANCE OF USE

Fromm International, Inc., (“Fromm”, “we”, “us”, and “our”) is a leading marketer of beauty essentials in the professional beauty industry, with an emphasis on cutlery, salon apparel, combs, brushes, and other salon tools. Fromm products are instrumental to hair stylists in making their clients look beautiful. True to this goal, Fromm’s mission statement is Enhancing Beauty Experiences.

We are happy to connect with you s via our website, frommbeauty.com (the “Site”), via email, so that we can share information about our products and services (collectively, the “Services”). Throughout these Terms of Service (“Terms”), the terms “user”, “you”, and/or “your” refer to any visitor of the Site and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and Fromm.

Please read these Terms and, our Privacy Policy, which is incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Fromm and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH BELOW WORKS.

MODIFICATION

We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, which will be referred to herein as “you”, “your”, “user”, “users”, or “Guest”. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms, we will post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

OWNERSHIP

The Services are protected by copyright, trademark and other laws of the United States. You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of Fromm, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Additionally, Fromm is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the Fromm name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Fromm’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

LICENSE GRANTED BY FROMM

License Grant. Subject to the terms and conditions of these Terms, Fromm grants you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Services to which you are permitted access solely for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services.

Restrictions. Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fromm, its licensors or others. If you violate the rights of Fromm, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors (hereinafter content). All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fromm, which is referred to as the “Content”, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fromm. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS TO THIRD PARTY WEBSITES

The Services may contain links to third-party websites or resources. You acknowledge and agree that Fromm is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fromm of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

PROHIBITED USES

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
• Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Fromm’s name, any Fromm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fromm’s express written consent or as enabled by features made available by Fromm (e.g., widgets) (you may link to Fromm’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
• Access, tamper with or use non-public areas of the Site, Fromm’s computer systems or the technical delivery systems of Fromm’s providers;
• Attempt to probe, scan, or test the vulnerability of any Fromm system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fromm or any of Fromm’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fromm or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
• Use any meta tags or other hidden text or metadata utilizing a Fromm trademark, logo URL or product name without Fromm’s express written consent;
• Use the Services in any manner not permitted by these Terms;
• Forge any IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Site, or Services without their express permission and in a manner that does not violate Fromm’s Privacy Policy;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other third party to do any of the foregoing.

Fromm will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Fromm may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Fromm has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Fromm reserves the right, at any time and without prior notice, to remove or disable access to any Content that you may post, including via our review process or blog, that Fromm, in its sole discretion, considers to be in violation of these Terms, it believes if inappropriate or untrue, or otherwise harmful to Fromm and/or the Services. Fromm reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Fromm suspects illegal activity may be taking place.

PROCEDURE FOR CLAIMING INTELLECTUAL PROPERTY INFRINGEMENT – DMCA NOTICE

Fromm respects intellectual property laws and expects its users to do the same. It is Fromm’s policy to terminate, in appropriate circumstances, users, including account holders, who infringe or are believed to be infringing the intellectual property rights of others.

It is Fromm’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate user use of the Services who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Fromm will respond expeditiously to claims of copyright infringement committed using the Fromm and/or Fromm subsidiary or affiliated websites (the “Sites”) that are reported to Fromm’s Designated Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Fromm’s Designated Agent. Upon receipt of the Notice as described below, Fromm will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA Notice of Alleged Infringement (“Notice”)

1.  Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Notice, with all items completed, to Fromm’s Designated Agent:

Designated Agent

603 Dempster Street Mt. Prospect, IL 60056

info@frommbeauty.com

Counter Notices

One who has posted material that allegedly infringes a copyright may send Fromm a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Fromm receives a counter notice, Fromm will reinstate the material in question in not less than 10 and not more than 14 business days after Fromm receives the counter notice unless Fromm first receives notice from the copyright claimant that he/she has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to Fromm, please return the following form to our Designated Agent. Please note that if you provide a counter notice, in accordance with our Privacy Policy and the terms of the DMCA, the counter notice will be given to the copyright claimant.

Counter Notice

1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and, if available, email address.
3. Include both of the following statements in the body of the Notice:
   • “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
   • “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Fromm may be found, and I will accept service of process from the complaining party who notified Fromm of the alleged infringement or an agent of such person.

4. Provide your full legal name and your electronic or physical signature.
5. Deliver this Notice, with all items completed, to Fromm’s Designated Agent:

Designated Agent

603 Dempster Street Mt. Prospect, IL 60056

info@frommbeauty.com

Notification of Claimed Trademark Infringement:

If you are a trademark owner and you believe your trademark (the “Mark”) being used on the Site by a user in a way that constitutes trademark infringement, please note that Fromm is not in a position to mediate trademark disputes between users and trademark owners. Because of this, we strongly encourage trademark owners to resolve their disputes directly with the user who posted the content in question.

If you are unable to resolve your dispute directly, and you believe that the Mark is being used on the Site by a user in a way that constitutes trademark infringement, please provide Fromm’s Designated Agent (specified above) with the following information:

1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit Fromm to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
4. Information reasonably sufficient to permit Fromm to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
   • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.

Upon receipt of notification of claimed trademark infringement as described above, Fromm will seek to confirm the existence of the Mark on the Sites, notify the registered user who posted the content including the Mark, and will within a reasonable time take action to remove or disable the Mark on the Sites.

One who has materials removed from the site in response to a notification of claimed trademark infringement will have the right to submit a counter-notification to Fromm within 10 business days. When Fromm receives a counter-notification, Fromm will reinstate the material in question within a reasonable period of time after Fromm receives the counter-notification. To provide a counter-notification to Fromm, please return the following form to our Designated Agent. Please note that if you provide a counter-notification, in accordance with our Privacy Policy located at https://www.Fromm.com/privacy the counter-notification will be given to the claimant. A counter-notification must contain the following elements:

Counter-Notification

1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and, if available, email address.
3. Include both of the following statements in the body of the Notice:
   • “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
   • Provide your full legal name and your electronic or physical signature.

Notification of Other Intellectual Property (“IP”) Infringement:

If you believe that some other IP right of yours is being infringed by a user, please provide Fromm’s Designated Agent (specified above) with the following information:

1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit Fromm to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Fromm to determine without unreasonable effort that the IP has been infringed.
4. Information reasonably sufficient to permit Fromm to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.
   • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, Fromm will seek to confirm the existence of the IP on the Sites, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Sites.

INFORMATION WE COLLECT ABOUT YOU

All information we collect about you is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

TERMINATION OF SITE/SERVICES USE

 Fromm reserves the right to revoke your access to and use of the Site and/or Services at any time, with or without cause.

DISCLAIMERS

THE SITE AND/OR SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FROMM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FROMM MAKES NO WARRANTY THAT THE SITE AND/OR SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. FROMM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SITE AND/OR SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FROMM OR THROUGH THE SITE AND/OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES. YOU UNDERSTAND THAT FROMM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES FROMM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. FROMM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE AND/OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

INDEMNITY

You agree to defend, indemnify, and hold Fromm, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Site and/or Services, including Content your create, post or otherwise share vie the Site or Services.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FROMM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FROMM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FROMM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES OR COLLECTIVE CONTENT EXCEED $100 (US). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FROMM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the state and federal courts located in the Chicago. Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

EXPORT CONTROL

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Fromm’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Fromm may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Fromm via email (in each case to the primary email address that you provided); (b) by posting to the Site; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

DISPUTE RESOLUTION – ARBITRATION

PLEASE READ THIS ARBITRATION PROVISION
CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

You and Fromm agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site and/or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available; and (d) seek injunctive relief in a court of law in aid of arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FROMM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fromm otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA ”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this Arbitration Agreement.

            Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in the state of Illinois.

Arbitration Location and Procedure. Unless you and Fromm otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000 (US), then the arbitration will be conducted solely on the basis of documents you and Fromm submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000 (US), your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

            Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.

            Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.

            Changes

Notwithstanding the provisions of the “Modification” section above, if Fromm changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@frommbeauty.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Fromm’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fromm in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these Terms or accepted any subsequent changes to these Terms.

ENTIRE AGREEMENT

These Terms, and our Privacy Policy, constitute the entire and exclusive understanding and agreement between Fromm and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fromm and you regarding the Services.

MISCELLANEOUS

The failure by Fromm to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fromm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

 CHANGES TO THESE TERMS OF USE

We may amend or update these Terms from time to time in our sole discretion and without prior notice.  Any such amendments or updates will be effective upon our posting of the revised Terms.  Your continued use of the Site and/or the Services following our posting of any revised Terms will constitute your acknowledgement and acceptance of the amended Terms.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail or by mail using the details provided below:

603 Dempster Street Mt. Prospect, IL 60056

info@frommbeauty.com