Rusk Sensories Smoother Passionflower and Aloe Smoothing Shampoo 13.5 oz.

Welcome to the website (the "Site") of Folica, Inc. ("Folica.com"). Folica.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Folica.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Folica.com reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Use of Site

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Termination and Effect of Termination

In addition to any other legal or equitable remedies, Folica.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Folica.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLICA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLICA.COM'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FOLICA.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO FOLICA.COM'S LIABILITY.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Folica.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Folica.com 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, Folica.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links

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Remedies

You agree that Folica.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Folica.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Folica.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Folica.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Folica.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

This site is created and controlled by Folica.com in the State of New Jersey, USA and the State of New York, USA. As such, the laws of the State of New Jersey and the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in New York, NY, except that to the extent you have in any manner violated or threatened to violate Folica.com's intellectual property rights, Folica.com may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Folica.com
315 Madison Avenue
12^th Fl
New York, NY 10017

Updated Jan 3, 2011