KAO BRANDS CANADA INC. DISCUSSION BOARD
TERMS OF USE

Welcome to the Kao Brands Canada Inc. Discussion Board (the "Service") which is owned by Kao Brands Canada Inc. ("Kao Brands"). By using the Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering for or using the Service. If you do not accept and agree to be legally bound by these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Kao Brands at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Service, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

USE OF THE SERVICE: Kao Brands provides this Service to foster an open and robust forum for appropriate discussions. You may use this Service only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and all other agreements or obligations to which you are subject.

DISCUSSION BOARD CONTENT: Kao Brands permits you to post your comments and content on the Service ("User Content"). While you will always retain ownership of your User Content, by posting User Content on the Service, you hereby grant Kao Brands and its affiliates a worldwide, perpetual, royalty-free, non-exclusive license to use, display, catalog, adapt, distribute, transmit, translate, create compilations and derivative works from, or otherwise use any User Content and/or your name or screen name (in any format or media). Such uses can include, but are not limited to, creating a compilation of comments, editing comments for any reason Kao Brands deems appropriate or sharing those comments with third parties. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or post on the Service without compensation and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such information. Kao Brands shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.

Many different parties may post content to the Service. Such materials are the opinions of the individual authors of such materials, and do not necessarily reflect the opinions or positions of Kao Brands. Kao Brands makes no warranties regarding such materials. Kao Brands is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms of Use. Kao Brands will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice or liability.

ACCEPTABLE USE POLICY: Kao Brands encourages you to join the conversation, but requires all of its users to follow some basis rules and principals as set forth in this Acceptable Use Policy. You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Kao Brands responsible or liable for any User Content from other users that you access on the Service.

Kao Brands will make the sole determination as to whether or not User Content is acceptable for the Service. Without limitation, you agree that you will not post on the Service or transmit to other users anything that contains User Content that: is defamatory, abusive, obscene, profane or offensive; infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service); violates any party's right of publicity or right of privacy; is deceptive, misleading or unsubstantiated; or is illegal or promotes any illegal activities.

You hereby acknowledge, agree, warrant and represent to Kao Brands that any and all User Content (in any format or media) you post on, upload to or otherwise submit to, the Service, is original to you and that you have all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to the Service. You agree not to use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you agree not to use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You agree not to resell use of, or access to, the Service to any third party.

You are not permitted to use this Service for commercial purposes, such as to promote a product or service, without our prior written consent.

If you notice any violation of this Acceptable Use Policy or other unacceptable behaviour by any user, you should report such activity to Kao Brands at curelskincarelistens@curel.com.

PUBLIC FORUMS: You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online may be viewed and used by others without any restrictions. We are unable to control such uses of your information and User Content, and by using such services you assume the risk that the information and User Content provided by you may be viewed and used by third parties for any number of purposes.

REGISTRATION / TERMINATION OF ACCESS: In order to use the Service, you must register using a valid e-mail address and follow all required registration confirmation procedures. No posting privileges will be granted until the account is fully activated. Intentional, repeated, or severe violations of these Terms of Use are cause for the banning of your account and/or all use of the boards from your IP. In such event, we also reserve the right to contact your ISP concerning your activities. In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Service, at any time with or without notice and with or without cause.

OUR PROPRIETARY RIGHTS: Kao Brands or its licensors are the exclusive owners of all copy, software, graphics, designs, images, icons, trade-marks and brand names provided by Kao Brands or its licensors that are contained on or otherwise used in connection with the Service. You hereby acknowledge that all such content is protected by copyright, trade-mark, and other applicable intellectual property laws and that Kao Brands or its licensors are the exclusive owners of all copyrights, trade-marks and other intellectual property or proprietary rights related to such materials. Your use of the Service does not grant or transfer to you any ownership or other rights in any such content provided by Kao Brands or its licensors. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials contained on the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Kao Brands.

LINKS: This Service may contain links to other web sites not maintained by us. These links may have been included in materials uploaded to the Service by a party other than Kao Brands. We encourage you to be aware when you leave our Service and to read the terms and conditions of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

NO WARRANTIES: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).

INDEMNITY: You agree to defend, indemnify and hold harmless Kao Brands, its parent, subsidiary and affiliated companies and the officers, directors, employees, business partners and agents of each such company, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Kao Brands) or (iv) a violation by you of applicable law.

COPYRIGHT INFRINGEMENT TAKE DOWN: Materials may be made available via the Service by third parties not within our control (such as User Content). We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be 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;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices should be sent to our designated agent as follows:
Kao Brands Canada Inc.
Attn: Curel® Skin Care Team
60 Courtneypark Drive. West
Unit 5
Mississauga, Ontario L5W 0B3
905-670-7890
Email: curelskincarelistens@curel.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

GOVERNING LAW: The laws of the Province of Ontario shall govern these Terms of Use and your use of the Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF THE PROVINCE OF ONTARIO LOCATED IN THE CITY OF TORONTO FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICE. Any claims asserted by you in connection with the Service must be asserted in writing to Kao Brands within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

CONTACT INFORMATION:
Should you have any questions you may contact us at:
Kao Brands Canada Inc.
60 Courtneypark Drive. West
Unit 5
Mississauga, Ontario L5W 0B3
905-670-7890
Email: curelskincarelistens@curel.com.

SEVERABILITY: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

EFFECTIVE DATE: These Terms of Use were last updated on October 18, 2010.