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Terms & Conditions

Site Content, Ownership, Limited License, and Rights of Others

All materials and content on our sites and applications are protected by copyrights, trademarks, or other intellectual property rights. These materials are owned by Wilborn Pharmaceuticals (“we,” “our,” or “us”), or are used with permission of their owners or as otherwise authorized by law. Such materials include, but are not limited to, trademarks, content, photographs, images, illustrations, text, videos, and other materials. Wilborn Pharmaceuticals trademarks include, but are not limited to, Tress Therapy, Skin Therapy and other Wilborn Pharmaceuticals brands, logos and tag lines. All rights are reserved, worldwide.

Subject to your strict compliance with these Terms, Wilborn Pharmaceuticals grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to use our sites and applications for your personal, non-commercial purposes only.

When using our sites and applications, you must respect the intellectual property and other rights of Wilborn Pharmaceuticals and others. Your unauthorized use of content from our sites or applications may violate copyright, trademark, privacy, publicity, communications and other laws, and any such use may result in your personal liability, including potential criminal liability. Wilborn Pharmaceuticals respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it on our sites or applications, please review Reporting Potential Copyright Infringement to us, below.

1.   Site Use and Restrictions

Any unauthorized use of our sites or applications for any purpose is prohibited. We may suspend or terminate the availability of our sites or applications (and any elements or features of them), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.

You agree that you will not:

aside from your purchase of goods or services offered for sale by Wilborn Pharmaceuticals or its affiliates, use our sites or applications for any political or commercial purpose;

engage in any activities through or in connection with our sites or applications that attempt to or do harm any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to Wilborn Pharmaceuticals;

reverse engineer, decompile, disassemble, reverse assemble or modify any site or application source or object code or any software or other products, services, or processes accessible through any portion of our sites and applications;

engage in any activity that interferes with another user’s access to our sites or applications or the proper operation of our sites or applications, or otherwise causes harm to our sites or applications, Wilborn Pharmaceuticals or other users;

interfere with or circumvent any security or access feature of our sites or applications;

or

otherwise violate these Terms.

You also agree that, in using our sites and applications:

you will not copy or distribute any content from our sites or applications manually or by using any robot, scraper, crawler, or any other automatic device or process;

you will not frame or utilize framing techniques to enclose any content from our sites (including any images, text, or page layout);

you will keep intact all trademark, copyright, and other intellectual property notices contained in content from our sites and applications;

you will not use content from our sites or applications in a manner that suggests an unauthorized association with any of our or our licensors’ products, services or brands;

you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit content from our sites or applications in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Wilborn Pharmaceuticals or, in the case of content from a licensor, the owner of the content; and you will not insert any code or product to manipulate content on our sites or applications.

2.   Creating and Terminating Accounts; Limitations of Liability

1.     Creating and Terminating Accounts:

To use some of the features on our sites and applications, you must first register for an account through our online registration process. When you register for an account, you will select your own password (or we may send you an e-mail with an initial password) and you agree that:

You will not use a username (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or is offensive. We may reject the use of any password, username or e-mail address for any other reason in our sole discretion.

You will provide true, accurate, current and complete registration information about yourself during the registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security;

and

You will not sell, transfer, or assign your account or any account rights.

2.     Limitations of Liability:

You are solely responsible for all activities that occur under your account, password and username whether or not you authorized the activity.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of our sites or applications using your name, username, or password.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in Sections 3(A) or 3(B). If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 3(B).

3.   Postings You Make (“User-Generated Content”)

Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title and interest that you have in your User-Generated Content and you remain ultimately responsible for it. You hereby grant to Wilborn Pharmaceuticals a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and cost-free right and license to use any User-Generated Content that you create or post in any manner, as Wilborn Pharmaceuticals sees fit, including for advertising, marketing or promotional purposes. As such, you acknowledge and agree that User-Generated Content may be made publicly available, and you grant that Wilborn Pharmaceuticals may, but is not obligated to, protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint Wilborn Pharmaceuticals as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

When you submit User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to the User-Generated Content you submit, and that (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit it and grant Wilborn Pharmaceuticals the rights to it that you are granting by these Terms, all without any Wilborn Pharmaceuticals obligation to obtain consent of any third party and without creating any obligation or liability of Wilborn Pharmaceuticals; (b) the User-Generated Content you submit is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms or cause injury or harm to any person.

Wilborn Pharmaceuticals may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any User-Generated Content, and Wilborn Pharmaceuticals may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of our sites and applications.

SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 4.

4.   Rules for User-Generated Content

When you make postings or otherwise create User-Generated Content, you agree to the following:

All of your User-Generated Content either must be your original work or you must have all necessary rights in it from third parties required for you to comply with these Terms. Your User-Generated Content should not contain any logos, phrases or trademarks that belong to third parties.

If we permit you to post or link to photos, link to embedded videos, or otherwise include other images of real people, then you must make sure that they depict only you, or that you have express permission to depict and post images of each other person depicted.

All of your activities on our sites or applications, including User-Generated Content, must be appropriate, as determined by us. Please be respectful of others.

Your User-Generated Content must not be for commercial or political purposes.

Your User-Generated Content must not promote any infringing, illegal or other similarly inappropriate activity.

You may not impersonate any other person, user or company. Do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate or misleading, or that misrepresents your identity or affiliation with a person or company.

All User-Generated Content may be publicly accessible and as such should not contain personal information.

Once you submit User-Generated Content to our sites or applications, you may not be able to edit or remove it.

Your User-Generated Content must not contain viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of our sites or applications or others’ software or devices.

You are solely responsible for your interaction with other users of our sites and applications, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.

If you submit User-Generated Content that Wilborn Pharmaceuticals believes may violate any of these rules, then we may, but are not required to, take any legally available action that we deem appropriate, in our sole discretion, including the removal of such Content or your account or restriction of access to our sites or applications. You may report potential violations of these rules to us at sales@wilbornpharm.com.

5.   Reporting Potential Copyright Infringement to Us

If you believe that any material on our sites or applications infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to sales@wilbornpharm.com or by writing to Legal Department, Wilborn Pharmaceuticals,4490 Commerce Drive. Atlanta,Ga. (404)4847110. Please include the following, as required by the DMCA:

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