Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITES.

These Terms of Use apply to all websites maintained by the Professional Beauty Association ("PBA") and our affiliates. By using our website, you agree to be bound by these Terms of Use ("Terms") and consent to our collection, use and sharing of your information, as described in our Privacy Policy. If you do not agree to these Terms, please exit our website.

I.     Content Ownership, Limited License & User Restrictions

Ownership & Limited License

The materials and content on our website are protected by copyrights, trademarks or other intellectual property rights. These materials―including, but not limited to, trademarks, content, photographs, images, illustrations, text, videos, and other materials―are owned by PBA, or are used with permission of their owners or as otherwise authorized by law. All rights are reserved, worldwide. 

Subject to your strict compliance with these Terms, PBA grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to use our website for your personal use only.

Respecting PBA's and Others' Rights

Please respect the intellectual property and other rights of PBA and others. Your unauthorized use of content from our website may violate copyright, trademark, privacy, publicity, communications or other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution on our website, please see Reporting Potential Copyright Infringement to Us below.

Website Use and Restrictions

Any unauthorized use of our website for any purpose is prohibited. We may suspend or terminate the availability of our website (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:

1. use our website for any political or commercial purpose, unless sponsored or authorized by PBA;
2. engage in any activity that interferes with another user’s access to our website or the proper operation of our website, or otherwise causes harm to our website, PBA or others;
3. engage in any activity through or in connection with our website that is unlawful, offensive, abusive, harmful or that violates any third party’s rights, or is otherwise objectionable to PBA;
4. insert any code or other content intended to manipulate the content on our website;
5. interfere with or circumvent any security or access restriction feature of our website;
6. attempt to (or actually) reverse engineer, decompile, disassemble, reverse assemble or modify any website code or any software or other content accessible through any portion of our website; or
7. otherwise violate these Terms.

You also agree that, in using our website:

1. unless authorized by PBA, in writing, you will not copy or distribute any content from our website manually or by using any robot, scraper, crawler or any other automatic device or process;
2. you will not frame or utilize framing techniques to enclose any content from our website (including any images, text or page layout);
3. you will keep intact all trademark, copyright and other intellectual property notices contained in content from our website;
4. you will not use content from our website in a manner that suggests an unauthorized association with PBA or any of our licensors’ products, services or brands; and
5. 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 website in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of PBA or, in the case of content from a licensor, the owner of the content.

II.     Your PBA User Account & Postings That You Make

Creating/Terminating Accounts and Your Responsibilities

To use some of the features on our website, especially those designed for PBA members (Both eMembers and Paid Members), you must first register for a PBA user account. 

When you register for a user account, you may select your own password and you agree that:

1. You will not use a username (your e-mail address) that is already being used by someone else, impersonates anyone else or belongs to another person, violates the intellectual property or other right of anyone else, or is offensive. We may reject the use of any password or e-mail address for any reason in our sole discretion;
2. You will provide true, accurate, current and complete registration information about yourself during the registration process and will update your profile as needed to keep it accurate;
3. You are solely responsible for all activities that occur using your account, including your e-mail address and password―whether or not you actually authorized the activity;
4. You are solely responsible for protecting the confidentiality of your password and for restricting access to your device(s) so that others may not login to any password protected portion of our website using your username and password;
5. You will immediately notify us of any unauthorized use of your user account or password, or any other breach of security; and
6. You may not sell, transfer or assign your user account or any account rights, without our written authorization.
   

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. If any information that you provide is (or if we have reasonable grounds to believe that any information that you provide is) false, inaccurate, outdated, incomplete or violates these Terms, or any applicable law, then we may suspend or terminate your user account. We also reserve the right to terminate your user 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.

Postings You Make ("Your Content")

We may offer features on our website that allow you to make postings or otherwise submit messages or create content ("Your Content"). We may allow you to create Your Content through a variety of means, including sharing information or best practices, reviews, comments, forums, messaging features or other functionality. 

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

When you submit (or upload) Your Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are either 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 Your Content that you submit, and that (a) you are the sole author and owner of the intellectual property and other rights to Your Content, or you have a lawful right to submit it and grant PBA the rights to it that you are granting by these Terms, all without any PBA obligation to obtain consent of any third party and without creating any obligation or liability of PBA; (b) Your Content that you submit is accurate; (c) Your Content does not and will not infringe any intellectual property or other right of any third party; and (d) Your Content does not violate these Terms and will not cause injury or harm to any person. 

PBA may, but has no obligation to, review, monitor, display, post, store, maintain, accept or otherwise make use of any of Your Content, and PBA may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Your Content without notice or any liability to you or any third party in connection with our operation of our website.

Rules & Restrictions for Your Content

When you make postings or otherwise create Your Content, you agree to the following:

1. All of Your 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 Content should not contain any logos, phrases or trademarks that belong to third parties.
2. If we permit you to post or link to photos or videos, or otherwise include other images of real people, then you must make sure that they depict only you, or that you have express rights or permission to depict and post images of every other person depicted.
3. Your Content must be appropriate and consistent with these Terms, as determined by us.
4. You may not impersonate any other person, user or company.
5. Do not submit Your Content that you believe may be false, fraudulent, deceptive, inaccurate or misleading, or that misrepresents your identity or affiliation with others.
6. Do not submit Your Content that is contrary to agreements that you have with or the policies of others (such as your employer’s or other companies’ policies).
7. All Your Content may be publicly accessible and so should never contain personal information that may create risk for you or others, or is protected by law.
8. Once you submit Your Content to our website, you may not be able to edit or remove it.
9. Your Content must not contain viruses, Trojan horses, spyware or any other malicious software ("malware") that may impact the operation of our website or others’ software or devices.
10. You are solely responsible for your interaction with other users of our website. We are not responsible or liable for the conduct of or content posted by any user. We reserve the right, but have no obligation, to monitor or become involved in disputes among users.

If we reasonably believe that any of Your Content 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 removing such Your Content or terminating (or suspending) your user account or restricting your access to our website. You may report potential violations of these rules to us at privacy@probeauty.org.

III.     Reporting Potential Copyright Infringement to Us

Respecting PBA's and Others' Rights

If you believe that any material on our website infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act ("DMCA"), by e-mail to privacy@probeauty.org or to the address given at below. In your notice, please provide the following:

1. Identify the copyrighted work(s) you claim is infringed.
2. Identify the material you claim is infringing the copyright(s), and provide us with enough information to reasonably locate that material.
3. Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the "Claimant").
4. Include the Claimant’s name, address, and telephone number(s).
5. Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
6. Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. 
   
   Takedown notices may be sent to our DMCA Agent at privacy@probeauty.org or by mail to the following address: 
   
   Professional Beauty Association (PBA)
   Attn: Christy Weaver, DMCA Agent
   7755 E Gray Rd
   Scottsdale, AZ 85260-3459


7. Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

IV.     Purchasing Memberships, Using Our Online Store & Registering for Events

We use service providers to assist us with membership management in PBA, for purchases, and event registration. Please check the Terms of Use and Privacy Policies of those entities, as they are separate from PBA.

V.     Links to Other Websites and Online Services

We provide links to other websites and integration with other online services, including social media like Facebook, Twitter, YouTube and others, as a convenience only. PBA does not endorse or warrant any of those websites or online services and is not responsible for them. Please review the terms of use and privacy policies of other such websites and services, prior to sharing your information. Please also see our Privacy Policy for details regarding how we share information with third parties.

VI.     DISCLAIMERS

Your use of our website, and any reliance on any material published or transmitted by it, is at your own risk. If you have any problem or concern about our website, please exit from it. We reserve the right to restrict or limit access to our website.

OUR WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES PBA WARRANT THAT OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

VII.     Reservation of Rights

PBA reserves all rights, defenses and permissible limitations under applicable laws.

VIII.     General

Our website is based in the United States. PBA makes no claim that our website, or the materials available through it, are appropriate or may be downloaded outside of the United States, and access to it may not be legal by certain persons or in certain countries. If you access our website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. 

These Terms are governed by the laws of the State of Arizona. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly stated on specific pages or other elements of our website, these Terms constitute the entire agreement between you and PBA with respect to your use of our website.

IX.     Amendments or Changes to These Terms

We reserve the right to change these Terms at any time, by posting amended terms on this website. Use of our website after the effective date constitutes your acceptance of the amended terms and conditions. You should read and review this page regularly to see if there have been any changes.

X.     Contact Us

If you have any questions regarding our Terms, practices, or your use of our website, please contact us or use the information below:

Professional Beauty Association (PBA)
Attn: IT - Privacy Office
7755 E Gray Rd
Scottsdale, AZ 85260-3459
Phone: 480.281.0424
Toll Free: 800.468.2274
privacy@probeauty.org

Effective Date: 2019