Terms & Conditions

BY USING THIS GOLDWELL® MOBILE APPLICATION (THE "APP"), YOU (THE "USER") ACCEPT THESE TERMS OF USE ("TERMS"). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND KAO USA INC., INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY "KUSA"). BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AS THEY MAY BE MODIFIED FROM TIME TO TIME.

1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the App together with the underlying software code are owned by KUSA or KUSA's licensors and the User does not obtain any ownership or other interest in the App other than the right to use as granted herein.
2. KUSA grants the User a non-exclusive, royalty-free, revocable license to download the App to the User's iOS device and use the App in accordance with these terms and limited to the United States of America.
3. KUSA may revoke this license or withdraw the App at any time and without prior notice to the User without liability to the User. Upon termination or withdrawal of the App, the license granted herein shall terminate and the User shall cease use of the App.
4. The User agrees to use the App only for the purpose of the sale of Goldwell® branded products. The App is simply a sales tool that may be used by the User and KUSA makes no warranty or representation as to the sales levels or results the User will achieve with the use of the App. The User acknowledges that the App is KUSA proprietary property and shall not share the App with KUSA competitors.
5. The User shall not and shall not allow third parties to (i) make and distribute copies of the App; (ii) attempt to copy, alter, reproduce, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
6. The terms of agreement with the User's mobile provider will continue to apply when using the App. As a result, the User may be charged by the mobile provider for access to network connection services for the duration of the connection while accessing the App or any similar third party charges that may arise. The User accepts responsibility for such charges.
7. KUSA shall use reasonable commercial efforts to make the App available at all times; however, 100% availability is not guaranteed and KUSA shall not be liable for non-availability.
8. KUSA shall use reasonable commercial efforts to ensure that the information contained in the App is current and accurate; however, KUSA does not guarantee the accuracy of such information and KUSA shall not be liable for inaccurate information contained in the App.
9. To the maximum extent permitted by law, KUSA hereby disclaims all implied warranties with regard to the App. The App and any associated software and information are provided "as is" and "as available" without warranty, whether implied or express.
10. The User acknowledges that the App may not be available for use with all mobile devices and it is the User's responsibility to obtain the proper mobile devices for the use of the App.
11. In no event shall KUSA be liable for any damages of any kind, (whether direct, indirect, special, punitive, exemplary, consequential or otherwise) arising out of the User's use or access to the App including, but not limited to, loss of profit or the like whether or not in the contemplation of the parties and whether based in breach of contract, tort, negligence, or otherwise. The User releases KUSA from all liability for damage to the User mobile device arising from installation and use of the App. Nothing stated herein shall limit KUSA's liability for death or personal injury caused by KUSA's negligence or any other liability which cannot be excluded or limited under applicable law.
12. The User shall indemnify, defend and hold harmless KUSA, its parent, subsidiary and affiliated companies and their respective directors, officers, employees, representatives and agents from all claims and demands and their associated expenses (including, but not limited to reasonable attorney fees), liabilities, fees, judgments and other costs arising from: (i) the User's breach of the terms contained herein; and (ii) the User's use of the App, except to the extent that such claims arise from the negligence or willful misconduct of KUSA.
13. This Agreement will be governed by and construed in accordance with the substantive laws of the United States of America and the State of Delaware, without regard to conflict of law principles that may result in the application of the laws of any other jurisdiction. Any disputes under this Agreement that cannot be resolved by the parties between themselves shall be decided by the state or federal courts of Delaware, to whose jurisdiction the parties submit and by whose decisions the parties agree to be bound.
14. This Agreement contains the entire understanding of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, commitments, understandings, representations and proposals, written or oral, relating to such subject matter. There are no representations, warranties, covenants, promises or undertakings except those expressly set forth in this Agreement.
15. KUSA reserves the right to change or modify these terms and conditions at any time and at its sole discretion by posting revisions within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User's acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of KUSA shall have any legal effect as a waiver by KUSA of any terms of this Agreement.