The Nu Hair® brand is manufactured and marketed by Natrol, Inc.
The term “Content” applies to any data, material, information or comments of any type on the Site, as well as data,
material, information or comments provided by third parties. Where applicable, Content on the Site is subject to the
following disclaimer: “These statements have not been evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure or prevent disease.”
Natrol will provide you with access to the Site for the purpose of learning about Natrol and its products.
By providing this access, Natrol is acting as an online information provider only. No identifying information about
any person under the age of 18 should be included in any submission or e-mail to the Site.
This is a Contract
By acknowledging your acceptance of these Terms and Conditions, a contract will exist between you and Natrol.
Natrol agrees that it will honor its obligations contained here and in its Privacy Statement
(each of which Site Natrol may change from time to time and which changes you accept so long as Natrol posts
reasonable notice of such changes on the respective Site), as well as any other terms for providing service which
we may place in writing from time to time.
In turn, you acknowledge that you are bound by the Terms and Conditions of this Agreement and that you will honor your
promises to Natrol under this Agreement. Natrol reserves the right to modify and amend these Terms and Conditions and to
post the amended Terms and Conditions on the Site. By using the Site, you agree to abide by the applicable Terms and
Conditions as amended from time to time.
Natrol will use the information provided by you or collected about you as described in the Privacy Statement.
Our current Privacy Statement is available at http://www.natrol.com/about_privacy.aspx . The Privacy Statement is hereby
incorporated by reference into these Terms and Conditions. Please read the Privacy Statement.
Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is
protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws, unless otherwise
specified. The Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software,
sounds, music, the Site as a whole and any other materials at the Site. You may not, without Natrol’s or the
appropriate Content Provider’s permission, download, copy, modify, display or prepare derivative works based upon
the Content on the Site. All rights not expressly granted herein are reserved.
Any reproduction, except for your personal non-commercial use, or republication, distribution assignment, sublicense,
sale or creation of derivative works of all or any portion of the Content viewed or accessed from the Site without the
express written permission of Natrol or the Content Provider is expressly prohibited. You may neither copy, post nor
upload any of Natrol’s Content to an Internet website, any public or private bulletin board system, or any other electronic
network or Internet service, nor may you post any links between Site and/or any Content thereon to any other website or
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights
and that any unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this
information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to Natrol and/or the
respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Natrol or
the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Natrol or the
respective Content Provider. You agree to bear full responsibility for the consequences of any Unauthorized Use by you
or anyone acting on your behalf, including, without limitation, termination of your Natrol account, civil liability and
criminal prosecution. Notwithstanding any other remedies, you agree that Natrol or the appropriate Content Provider
shall be entitled as a matter of right and without notice to equitable relief by way of injunction or otherwise, in the
event of any Unauthorized Use by you.
You acknowledge Natrol’s proprietary rights, including any and all copyrights and trademarks, in the Natrol name and the
Site (the “Natrol Property”). The Natrol Property includes the structure, sequence, organization and look and feel of the
Site, the database, listing and transaction systems, and/or the Content, where applicable, as well as the selection,
arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by Natrol to
any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the Natrol Property.
You will indemnify Natrol for any and all costs and expenses (including attorney’s fees) associated with any legal action
brought by or against you with respect to the Natrol Property.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the
Registration/Home Page, is expressly prohibited.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on the Site) or permit anyone
else to establish such a link, either to the home page or to any other page herein. You will not frame any page or
portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or
any Content is expressly prohibited and will be grounds for termination of your account.
Links to Third Party Websites
To facilitate your ability to obtain Content, Natrol may provide links on its Site to Content Providers, as well as
other third parties. These links are for purely informational purposes only. Through these links you are permitted
to leave the Site. Natrol has no control over these linked websites, and Natrol is not responsible in any way for the
operation, content, practices or legality of those websites. Accordingly, we do not endorse, approve or hold ourselves
and/or from our Site. Thus, our Terms and Conditions and Privacy Statement do not apply to those linked sites.
Natrol is providing these links solely for the convenience of its Clients and does not approve, endorse or control
these links and their content. You hereby waive any claim you might have against Natrol with respect to these websites.
In addition, third parties may provide links to this Site. Again, these links are for purely informational purposes only
and Natrol does not approve, endorse or control any such site’s content and/or practices or policies.
Disclaimer of Warranties
Natrol does not warrant or make any representations regarding the operation of the Site, the use, validity or the
results of the use of materials or Content on this Site, the products or services obtained through this Site or any
other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content
at your own risk. Natrol is not responsible for any errors or omissions or for the results obtained from the use of
any information provided on this Site.
While it makes every effort to make sure its Site is always available to you, Natrol does not guarantee that the
Site, software, materials or products will be uninterrupted, timely, secure or free of errors, or that any defects
in the site, software, materials or products will be corrected.
Products displayed on the Site can be delivered only within the United States at the present time.
Prices are valid and effective only in US dollars. We attempt to ensure the currency and accuracy of all product
information. However, prices are subject to change without notice. We do not warrant the currency or accuracy of
Site information regarding product price and availability. We have tried to accurately display the colors of our
products on the Site. However, the colors you see will depend on your monitor. We cannot guarantee that your monitor’s
display will be accurate.
While it takes reasonable steps to prevent such problems, Natrol cannot guarantee or warrant that the Content, files or
information available on, or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or
other codes that manifest contaminating and/or destructive properties. You understand and agree that any Content, files or
information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you
will be solely responsible for any damage to your computer system for loss of data that results from the download of such
Content, files or information. Natrol assumes no responsibility for the deletion of or failure to hold or store e-mail
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NATROL MAKES NO PROMISES, REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT
LIMITATION, THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR
PATENT DEFECTS. NATROL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, QUALITY, ACCURACY OF
INFORMATION, CONTENT, COURSE OF DEALING OR COURSE OF PERFORMANCE AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.
Check your state law.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL NATROL, ITS
AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED
AGENT OR REPRESENTATIVE OF NATROL HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION,
ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO
NATROL’S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES
PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE.
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, INCOME,
GOODWILL OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF
NATROL OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Natrol, its affiliates, officers, directors,
shareholders, employees, business partners, customers and any other authorized agent or representative of Natrol,
from any and all liability associated with your use of this Site. This release shall apply to any and all claims,
whether known or unknown, held by you.
With respect to the releases contained herein, the parties agree that this release fully and finally releases and
forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section
1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect.
Each party acknowledges having read and understood Section 1542, which states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby also agree and covenant not to sue and expressly waive any and all claims against Natrol for any claim that
is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
You agree to indemnify, defend and hold Natrol, its parents, subsidiaries, affiliates, officers, directors, employees
and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability,
settlements, expenses (including reasonably attorneys’ fees) and other costs arising out of or relating to (i) your
breach of these Terms and Conditions or the documents it incorporates by reference; (ii) your negligence or misconduct;
or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other
proprietary right of a third party. Natrol may, at its sole discretion, assume the exclusive defense and control of
any matter subject to indemnification by you. The assumption of such defense or control by Natrol, however, shall not
excuse any of your indemnity obligations.
Natrol may terminate this Agreement, at its sole discretion, with or without cause, at any time, without notice, and
without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary
Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability;
Release, Waiver and Covenant Not to Sue; Indemnity; and Governing Law and Jurisdiction.
Natrol may change the Terms and Conditions at any time without notice by posting the changes on the Site.
All changes shall automatically be effective 30 days after they are initially posted on the Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of California without reference
to conflict of law principles. These Terms and Conditions are deemed entered into in Los Angeles County, California.
All disputes arising out of or related to these Terms and Conditions, the services or Site shall be subject to the
exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree
and submit to the personal and exclusive jurisdiction and venue of these courts.
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of
these Terms and Conditions shall be valid unless in writing and accepted by each party. The waiver of breach of any
term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this
Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this
Agreement shall remain in full force and effect.
THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS.
BY SUBMITTING INFORMATION TO OR ACCESSING INFORMATION FROM THE SITE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS.
NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER, THESE TERMS AND CONDITIONS ARE A LEGAL
AGREEMENT BETWEEN YOU AND NATROL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION TO OR
ACCESS INFORMATION FROM THE SITE.
The Terms and Conditions (as changed from time to time as provided herein) shall apply to each time you visit the Site.
Last Updated January 10, 2011.