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GENERAL TERMS OF USE

Effective as of November 17, 2015
These Terms of Use govern access to and use of the various Jafra sites (including any mobile versions thereof) and their related information, services, software functionality, and materials.

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" or the "USER") AND JAFRA COSMETICS INTERNATIONAL, INC. ("Jafra") THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITES PROVIDED BY JAFRA. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this TOU) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, PRODUCTS OR MATERIALS PROVIDED THROUGH AN JAFRA WEB SITE OR PORTAL (collectively, as referenced herein, the SITE). JAFRA IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

Terms and Conditions

1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Site shall be as specified by Jafra in its sole discretion. You also acknowledge and agree to the following: (i) Jafra has the right to control and direct the means, manner, and method by which the Site is provided; (ii) Jafra may, from time to time engage independent contractors, consultants, or subcontractors to aid Jafra in providing the Site or use thereof; and (iii) Jafra has the right to provide the Site to others.

2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of Jafra and/or its licensor(s). Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Jafra server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Jafra's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Jafra on or through the Site, (viii) use the Site or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Jafra. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY JAFRA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through Jafra for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age or the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Jafra reserves the right to terminate immediately your access to and use of the Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While Jafra has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Jafra is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues. To use the Site, you cannot be a person barred from using such services under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Site. By accepting this Agreement, you represent that you understand and agree to the foregoing.

4. PAYMENT TERMS. Use of the Site shall be on a royalty-free basis. Jafra, however, will be permitted to charge a fee(s) for use of the Site (or certain portions thereof) and shall indicate such applicable fee by providing you with notice thereof. In order to continue to use of the Site following Jafra's notice that a fee will apply, you must pay the then-applicable licensee fee(s) (as designated by Jafra). Such fees are payable in advance and are non-cancelable if you continue use of the Site or the designated license. Such fees do not include any applicable taxes and you shall remain responsible for and shall pay all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Agreement (exclusive of taxes on Jafra's net income). You shall provide copies of any and all exemption certificates to Jafra if you are entitled to any exemption. You shall not offset or reduce any amount owed to Jafra. All fees are in U.S. Dollars ($)and you shall use the payment method prescribed by Jafra or otherwise forward the payment of any fees (in U.S. Dollars) to Jafra at the address designated by Jafra. Use of credit card or other Staged payment method by you shall include a representation that you are authorized to use such card or payment method. Any dispute with a third party payment provider arising from purchase made by you shall be resolved directly by you and such third party payment provider. Jafra reserves the right to terminate or suspend access to the Site if you fail to pay any amounts when due.

5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products through the Site or the use of software contained on the Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, Jafra shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to your use of that product or portion of the Site or the applicable software.

6. PRIVACY POLICY. Please see Jafra's Privacy Policy at https://www.jafra.com/customer-service/privacy-policy for a summary of Jafra's personal identifying information collection and use practices.

7. USER NAME HANDLING POLICY. Registration as a User for access to certain areas of the Site may require both a user name and a password or adherence to other particular access requirements as designated by Jafra. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account. Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another User's user name and password. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you agree to immediately notify Jafra if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Jafra cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Jafra reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.

8. Mobile Services. The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, Mobile Services). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with this TOU.

9. POSTINGS. This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality where Users can share and post information and/or photos, video, or audio. To the extent that the Site contains such communication forums (collectively, Forums), you agree that by using the Site you will not upload, post, display, or transmit any of the following materials on the Site's Forums:

• anything that interferes with or disrupts the Site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Jafra,
• statements or material that misrepresents your affiliation with any entity and/or Jafra,
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
• chain letters or pyramid schemes,
• statements or materials that are deceptive or misleading,
• statements or material that constitutes junk mail, spam, unauthorized advertising or promotional materials from competitive products, brands or businesses,
• statements or material that are off-topic for a designated Forum, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or the Site.

10. PERMISSION TO USE POSTINGS. Forums are the resources and property of Jafra and/or its licensors and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, you automatically grant Jafra a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Jafra and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Jafra has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site Jafra has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Jafra assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

11. NO PRE-SCREENING OF POSTINGS. Jafra is not responsible for screening, policing, editing, or monitoring your or another User's Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Jafra's right and ability to delete or remove a Posting (or any part thereof), Jafra does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Nevertheless, Jafra reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Jafra believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to Jafra or its affiliates, volunteers, services, or goodwill. If you violate this TOU, Jafra may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site. Moreover, it is a policy of Jafra to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Jafra as provided below.

12. COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. Jafra respects the intellectual property of others, and it asks its Users to do the same. Accordingly, it is Jafra's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site. But, you acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Jafra terminates or suspends a User's access to or use of the Site, Jafra will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Jafra's policy to document all notices of alleged infringement upon which Jafra decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to Jafra's designated agent as specified below along with the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
• A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Designated Agent: William Ackerman, Director of Digital Strategy and Communications, Jafra Cosmetics International, Inc., 2451 Townsgate Road, Westlake Village, California 91361

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the Jafra's Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures.

13. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Jafra transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Jafra and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Jafra does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright© 2014-2015 Jafra and/or its licensors. All rights reserved. Jafra also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. JAFRA and all other names, designs, logos, and icons identifying Jafra and its products, services, applications and programs are proprietary trademarks of Jafra, and any use of such marks, including, without limitation, as domain names, without the express written permission of Jafra is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

14. FEEDBACK AND SUBMISSIONS. Jafra welcomes your feedback and suggestions about Jafra's products and services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, feedback) to Jafra, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Jafra and enable Jafra to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Jafra to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

15. THIRD-PARTY PRODUCTS/SERVICES. Jafra, in its sole discretion, may feature and/or post the advertisements of third parties on the Site and/or feature on the Site materials, programs, products, and services provided by third parties. Jafra makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Site are solely between you and such third party. Accordingly, Jafra expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that Jafra shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.

16. LINKS TO OTHER SITES. Jafra may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by Jafra and are maintained by third parties over which Jafra exercises no control. Accordingly, Jafra expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

17. DISCLAIMER. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, JAFRA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. JAFRA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. JAFRA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.

18. LIMITATION OF LIABILITY. You expressly absolve and release Jafra from any claim of harm resulting from a cause beyond Jafra's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JAFRA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF JAFRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF JAFRA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO JAFRA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.

19. INDEMNITY. You agree to defend, indemnify, and hold harmless Jafra and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOU or relating to any payment dispute with a third party provider arising from a purchase or incurrence of fees made by you.

20. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Delaware as applied to agreements entered into and completely performed in the State of Delaware. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of Delaware and waive any objection to such jurisdiction or venue. Any claim you might have against Jafra must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Jafra makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Jafra if you wish to receive a printed copy of this TOU. In any legal proceeding brought by Jafra, Jafra shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which Jafra may be entitled.

21. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Jafra reserves the right to take steps Jafra believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this TOU such as view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. Jafra will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Jafra reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, Jafra, or Jafra's business.

22. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Jafra proprietary assets, will cause irreparable injury to Jafra, such injury would not be quantifiable in monetary damages, and Jafra would not have an adequate remedy at law. You therefore agree that Jafra shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Jafra post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Jafra to enforce any provision of this TOU.

23. TERM AND TERMINATION. This TOU will take effect at the moment you click ACCEPT, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Jafra reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Jafra's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.

24. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Jafra of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

25. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Jafra as result of this TOU or your utilization of the Site. This TOU, Jafra's Privacy Policy and the other terms and conditions referenced herein or present elsewhere on the Site represent the entire agreement between you and Jafra with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Jafra with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of Jafra. Please note that Jafra reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Jafra may add, modify, or delete any aspect, program, or feature of the Site, but Jafra is not under any obligation to add any upgrade, enhancement, or modification. You agree that Jafra shall not be liable to you or any third party for any modification or cessation of the Site. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.

26. QUESTIONS. If you (i) have questions or comments regarding the Site, (ii) are interested in obtaining more information concerning Jafra and its programs or services, (iii) want permission to use any Jafra content, or (iv) are aware of or wish to report misuse of the Site or Jafra materials by any person or entity, please contact William Ackerman, Director of Digital Strategy and Communications at Jafra Cosmetics International, Inc. 2451 Townsgate Rd. Westlake Village, CA 91361.

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JAFRA WEBSITE PRIVACY POLICY

Effective Date: November 17, 2015
1. INTRODUCTION
2. THE INFORMATION COLLECTED
3. PERSONALLY IDENTIFIABLE INFORMATION (PII)
4. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII)
5. HOW DO WE USE THE PII COLLECTED?
6. TO WHOM IS THE PII DISCLOSED?
7. HOW DO WE USE AND DISCLOSE THE NON-PII COLLECTED?
8. INFORMATION COLLECTED BY THIRD PARTIES
9. INTEREST-BASED ADVERTISING
10. SECURITY
11. OPTING OUT OF CERTAIN JAFRA COMMUNICATIONS
12. UPDATING YOUR PII
13. CONTACTING US
14. CHANGES TO THIS PRIVACY POLICY

1. INTRODUCTION. JAFRA Cosmetics International, Inc. (referred to herein as "JAFRA," "we," "us" and "our"), understands the importance of the privacy of individuals (referred to as "users" and "you") who visit and use our websites, or purchase JAFRA products online. This Security and Privacy Statement (the "Statement") outlines the information JAFRA collects through http://www.JAFRA.com and other websites that link to this privacy policy (the "JAFRA WEBSITES""), and how JAFRA will use that information. This Statement represents the sole, authorized statement of JAFRA's practices with respect to the collection of information through the JAFRA WEBSITES and JAFRA's use and disclosure of such information.
PLEASE NOTE THAT THIS STATEMENT DOES NOT ADDRESS THE PRIVACY PRACTICES OR POLICIES OF THIRD PARTIES WITH WHICH WE MAY SHARE YOUR INFORMATION AS DESCRIBED IN THIS POLICY, INCLUDING JAFRA INDEPENDENT CONSULTANTS. JAFRA Independent Consultants are independent third-party contractors of JAFRA and are not otherwise affiliated with JAFRA. Although we seek to ensure that JAFRA Independent Consultants honor customers' opt-out requests, treat customer information confidentially and act in accordance with applicable law, our Independent Consultants may have different practices with respect to the collection, sharing, and use of your information.

2. THE INFORMATION COLLECTED. We collect two basic types of information through the JAFRA WEBSITES: Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" (or "PII") is information that identifies you as an individual - for example, your name, contact information, credit card information, billing address and shipping information. We may also request additional PII if you become or apply to become a JAFRA Independent Consultant, such as your Social Security number, date of birth, and financial information in order to provide payments due to you. "Non-Personally Identifiable Information" (or "Non-PII") is information such as demographic information, IP addresses, information about your computer or use of the JAFRA WEBSITES, and other information that does not reveal your specific identity.

3. PERSONALLY IDENTIFIABLE INFORMATION (PII). You do not have to provide PII to access the JAFRA WEBSITES. However, in order for you to take advantage of particular opportunities provided through the JAFRA WEBSITES (for example, to register for an account with JAFRA, to make a purchase through the JAFRA WEBSITES, or to work with us as a JAFRA Independent Consultant), we may require that you furnish us with PII through the JAFRA WEBSITES. JAFRA will collect PII from you through the JAFRA WEBSITES only when you provide it to us voluntarily. JAFRA may also collect PII about you from our Independent Consultants if you have voluntarily provided such information to an Independent Consultant. If you use the JAFRA WEBSITES to forward information to a friend, we will also collect the name and contact information you provide for your friend. We may combine the PII we collect with information available from other sources, including information received from promotional partners or other third parties.

4. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII). When you visit and interact with the JAFRA WEBSITES, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature) (such third party and affiliated service providers, collectively our "Service Providers") may collect Non-PII (for example, a list of the pages you visit on the JAFRA WEBSITES). Non-PII may be collected automatically through the use of technologies such as cookies. Cookies are text files we place in your computer's browser to store your preferences. We use cookies to understand and personalize your usage of the JAFRA WESBITES and to improve the content and offerings on the JAFRA WEBSITES.

5. HOW DO WE USE THE PII COLLECTED? We may use the PII we collect to provide or improve our services, such as in the following ways:

a.) RESPONDING TO YOUR INQUIRIES AND FULFILLING YOUR REQUESTS. We may use your PII to connect you to a JAFRA Independent Consultant, fulfill your product orders, respond to your inquiries to JAFRA, and fulfill your other requests. For example, we may send you newsletters that you request when you sign up to join our mailing lists or send you information about other items from JAFRA or selected partners that may be of interest to you.

b.) SENDING ADMINISTRATIVE EMAILS. From time to time, at our sole discretion, we may use your PII to send you emails (a) to confirm your registration with the JAFRA WEBSITES, (b) to confirm a transaction through the JAFRA WEBSITES, (c) to inform you that we have received your PII, (d) to provide you with information regarding the JAFRA WEBSITES, or (e) to inform you of changes to this Statement, our Terms and Conditions, or our other terms, conditions, or policies ("Administrative Emails").

c.) WORKING WITH YOU AS AN INDEPENDENT CONSULTANT. If you become, or apply to become, a JAFRA Independent Consultant, we will use your PII to communicate with you about JAFRA, to process payments to or from you, to ship products to you upon your request, to put you in contact with potential customers, and otherwise to support you in your role as an Independent Consultant.

6. TO WHOM IS THE PII DISCLOSED? We may disclose the PII we collect in the following ways:

a.) DISCLOSURE TO THIRD PARTIES FOR DIRECT MARKETING PURPOSES. JAFRA may share your PII with Independent Consultants with your affirmative agreement. For example, if you request to order products through a JAFRA Independent Consultant or to otherwise interact with a JAFRA Independent Consultant, JAFRA will provide your PII with your agreement to such JAFRA Independent Consultant to fulfill your request. Similarly, if you place an order through a JAFRA Independent Consultant's online store via the Client Direct Program or if you elect to have a JAFRA Independent Consultant deliver products to you, we may disclose your PII to such JAFRA Independent Consultant. JAFRA Independent Consultants who receive your PII may then use it to contact you about additional offers that may interest you.

We may also disclose your PII to other third parties for their direct marketing purposes. If you would like to opt out of this type of sharing with other third parties, you may contact us at jafracares@jafra.com.

b.) DISCLOSING JAFRA INDEPENDENT CONSULTANT INFORMATION. If you are a JAFRA Independent Consultant, we may disclose certain PII (for example, your name and contact information) and other information to current and potential JAFRA customers who are seeking the assistance of a JAFRA Independent Consultant, to customers who are or who become attached to you, and to other JAFRA Independent Consultants (for example, if you are a "downline" JAFRA Independent Consultant, we may make your PII and other information about you available to your upline).

c.) ENABLING SERVICE PROVIDERS TO PROVIDE SERVICES. We may share your PII with Service Providers for the purpose of enabling them to provide services and carry out other business operations on our behalf.

d.) FACILITATING "FORWARD TO A FRIEND" FUNCTIONALITY. If you wish to use a JAFRA website's functionality to send a friend a link to a page on the JAFRA WEBSITES, you will be asked to provide us with your name and email address, as well as your friend's name and email address, so that we may facilitate your sending of such link. Your name and your email address will be disclosed to your friend in such email.

e.) BUSINESS TRANSFERS. We reserve the right to transfer any and all PII and Non-PII that we collect from users of the JAFRA WEBSITES to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of JAFRA's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

f.) AFFILIATES. We may share your PII with other businesses that are part of JAFRA's corporate family.

g.) OTHER DISCLOSURES. Finally, notwithstanding any other provision of this Statement or the Terms and Conditions to the contrary, we reserve the right to disclose and use your PII if we believe that we are required to do so: (i) by law; (ii) in response to legal process, for example, in response to a court order or a subpoena; (iii) in response to a law enforcement agency's request; (iv) to enforce the Terms and Conditions or our other terms, conditions, or policies; (v) to protect our operations; (vi) to protect the rights, privacy, safety or property of JAFRA, you or others; and/or (vii) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

7. HOW DO WE USE AND DISCLOSE THE NON-PII COLLECTED? We reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.

8. INFORMATION COLLECTED BY THIRD PARTIES. We may allow selected third party services to collect non-personally identifiable information on the JAFRA WEBSITES. These companies may use technologies, including cookies and web beacons, to collect information about use of the JAFRA WEBSITES in order to analyze, report on, or customize content or advertising on the JAFRA WEBSITES or on other sites, or to help us operate and improve the JAFRA WEBSITES.

The JAFRA WEBSITES may provide links or automatically redirect you to third party websites that do not operate under this Privacy Policy. For example, if you click on an advertisement presented on our site, you may be taken to a website that we do not operate or control. You should review the privacy policies and terms of use offered by all third party websites that you access. These third party websites may independently solicit and collect information from you. On occasion, those third party websites may provide us with information about your use of those sites. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD PARTIES.

The JAFRA WEBSITES may include social media tools, such as social networking and blogging tools offered by third parties. If you use these tools to share PII or other information about your use of the JAFRA WEBSITES, or otherwise interact with social media features on the JAFRA WEBSITES, those social media companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.

9. INTEREST-BASED ADVERTISING. We may partner with ad networks and other ad serving providers (Advertising Providers) who serve ads on behalf of us and others on non-affiliated sites. Some of those ads may be personalized, meaning that they are intended to be more relevant to you based on information Advertising Providers collect about your visits to the JAFRA WEBSITES and elsewhere over time.

You may visit www.aboutads.info to learn more about this type of advertising and to opt-out of this form of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or erase cookies from your browser, you may need to renew your opt-out choice.

10. SECURITY. We have put in place reasonable physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security. For example, we use an encryption technology called Secure Sockets Layer (SSL) to help protect the transmission of certain information to and from the JAFRA WEBSITES.

11. OPTING OUT OF CERTAIN JAFRA COMMUNICATIONS. If you would prefer not to receive email messages from JAFRA about new products, specials and other promotions, you may opt out from receiving such messages by following the "unsubscribe" instructions contained in any such emails you have received, or, if you have registered with a JAFRA WEBSITE, you may use that JAFRA WEBSITE's "modify account information" or similar functionality to opt out from receiving such messages.

Please note that we are not able to remove your PII from the databases and other records of JAFRA Independent Consultants and other third parties with which we have already shared your PII pursuant to this Privacy Policy. If you wish to cease receiving marketing messages from such a JAFRA Independent Consultant or other third party, please contact such JAFRA Independent Consultant or other third party directly.

12. UPDATING YOUR PII. If you would like to update PII previously provided to us through a JAFRA WEBSITE, you may use that JAFRA WEBSITE's "modify account information" or similar functionality.

13. CONTACTING US. If you have any questions regarding this Statement, please contact us by email at jafracares@jafra.com. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

14. CHANGES TO THIS PRIVACY POLICY. We reserve the right to change this Privacy Policy without prior notice, and we will notify you of any material changes by posting the revised Privacy Policy online. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the JAFRA WEBSITES.

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