Website Terms & Conditions

Last Updated: 9 March 2026

This website at www.briogeohair.com, including and any other mobile application, website application or other online services owned or operated by Wella or its affiliates that link to these Terms & Conditions, related downloads, documentation, tools, functionality information and content provided or made available in connection with these Terms & Conditions (collectively, “Site”) is operated by Wella Operations US LLC, located at 100 Park Avenue, 17th Floor, New York NY10017 ( “Wella”, “we”, “us”, or “our”).1 Wella may be contacted at the above address. These Terms & Conditions (together with any Additional Terms) (“Terms & Conditions”) are a binding contract between you or the entity you represent (“you,” or “your”) and Wella and govern your access to the Site.

We appreciate your interest in the products and services on the Site and your visit to the Site.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. These Terms & Conditions contain a binding arbitration clause and class action waiver in Section 17. You agree to submit any disputes to binding arbitration rather than court proceedings, except as specified in Section 17.2. You have the right to opt out of arbitration within 30 days by following the procedures in Section 17.3. These Terms & Conditions also include a jury trial waiver.

The use of this Site is subject to these Terms & Conditions which set out the basic rules that govern your use of the Site. PLEASE READ THE TERMS & CONDITIONS CAREFULLY. BY USING THE SITE YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE.

1. OTHER DOCUMENTS ADDRESSING USE OF THE SITE

We provide this Site to you subject to these Terms & Conditions and all Additional Terms. The following policies provide further information about our practices:

• We use and process your personal information according to our Privacy Policy and Consumer Health Data Privacy Policy (as may be updated from time to time), which are available at [insert link]. You agree that we may collect, use, retain, disclose, and dispose of your personal information to the extent permissible by law and as described in these policies and that our policies will govern our handling of your personal information to the fullest extent permitted by law.

• Our Cookie Notice, which is available at [LINK]. Our Cookie Notice governs our use of cookies and similar technologies on our Site. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on

your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

2. MODIFICATION

2.1. We reserve the right to change, edit, delete or revise the content of the Site from time to time, including modifying these Terms & Conditions, in our sole discretion at any time and without prior notice to you. Please check this page for changes which have been made to the Terms & Conditions. Any changes will become effective when we post the revised Terms & Conditions on our Site. Therefore, our use of the Site after a change has been posted constitutes your acceptance of the amended Terms & Conditions. Please check these Terms & Conditions regularly to ensure you agree to them. If you object to any changes, you may discontinue use of our Site. The date on which these Terms & Conditions were last updated is shown in the “Last Updated” legend above.

2.2. We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof in our sole discretion at any time without notice.

3. ADDITIONAL TERMS

Certain features or services offered on the Site may be subject to separate guidelines, terms and conditions which may be posted from time to time or made available at the time of access or download (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms & Conditions. These Additional Terms govern if there are any conflicts with these Terms & Conditions.

3.1. Product purchases made through the Site are subject to our Terms of Sale which are hereby incorporated into these Terms & Conditions.

3.2. Purchases of products on our Site under an auto-renewing subscription are also governed by the Clean Hair Club Subscription Program Terms and Conditions which are hereby incorporated into these Terms & Conditions.

4. REGISTRATION, ACCOUNTS AND PASSWORDS

4.1. Your right to use our Site is not transferable. Accessing certain services on the Site may require registration and the creation of an account (“Account”). It is a condition of your use of the Site that the details you provide upon registration or at any time are current, complete and accurate, and inform us immediately of any changes to the details you provided when registering.

4.2. This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Wella and meet all of the

foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.2

4.3. When you register for an Account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your Account details and password, to not authorize any third party to use your Account, and for restricting access to your computer to prevent unauthorized access to your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself or the entity on whose behalf you are entering into these Terms & Conditions. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at support@briogeohair.com. if you have reason to believe that your Account details or password have been lost, if suspect any unauthorized use of your Account, or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.

4.4. Please CLICK HERE if you need to reset your password at any time. You are responsible for all activities that occur under your Account or password, and we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms & Conditions.

5. INTELLECTUAL PROPERTY

5.1. We are the owner or the licensee of all copyright, design rights, database rights, service marks, trade names, logos, trademarks (whether registered or not) and other intellectual property rights in this Site, and in the material we publish on it, contents, features, and functionalities. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Your use of the Site and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

5.2. You are granted a limited license and may access this Site and its contents only as specifically authorized herein, subject to the restrictions provided in these Terms & Conditions for your personal, non-commercial use. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

5.3. You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.

5.4. If you print off, copy or download any part of this Site in breach of these Terms & Conditions, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

This Section 5 will survive the termination of the Terms & Conditions.

6. LINKS TO THIRD PARTY WEBSITES

6.1. Links to third party content or websites may appear on our Site from time to time. The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability or endorsement by us of the content of any third party’s website. This includes links contained in advertisements, including banner advertisements and sponsored links. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our Site, suitable or appropriate for use or viewing, lawful or accurate.

6.2. These Terms & Conditions do not apply to any third party website linked to the Site and instead are governed by their own terms of use and their privacy policies. You should read the terms and conditions of those websites, and their privacy policies, before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

6.3. You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.

7. TEXT MESSAGE PROGRAM TERMS

7.1. By providing us with your cell phone number (including as part of your Account), you agree to receive autodialed or pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. Separately, you may elect to consent on the Site to receive autodialed text messages from us for marketing purposes, including to receive notices of new products or services, or promotions.

7.2. For any text messages, message and data rates may apply. The frequency of text messages that we send to you may vary, and transactional messages will vary depending on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE,

or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

7.3. YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY PRODUCTS OR SERVICES.

8. RESTRICTIONS

8.1. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Site or any part of it, our systems, any of our hardware or equipment or any networks on which our Site is hosted, any software that we use to create or modify the Site or to make the Site available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

8.2. You must use our Site for lawful purposes only and in accordance with these Terms & Conditions. You must not use our Site:

8.2.1. to price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

8.2.2. to attempt to gain unauthorized access to the Site, or our servers, or any hardware supporting the Site. Nor may you attempt to reconfigure the Site in any way.

8.2.3. to misuse the Site in any manner, including to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Site, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content.

8.2.4. for any fraudulent or unlawful purposes whatsoever.

8.2.5. to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us.

8.2.6. to communicate with, exploit, harm or attempt to harm minors in any way.

8.2.7. to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Site, interferes with the proper working of the Site, or which, as determined by us, may harm us or users of the Site, or expose them or us to liability.

8.2.8. in any way or for any purpose that breaches these Terms & Conditions or the terms of any of the documents to which these Terms & Conditions refer.

9. CONTENT ON THE SITE

9.1. Accessing, viewing, browsing, printing, or downloading of any content, logos, design, text, graphics, images, software, audio, video, forms, documents, works of authorship of any

kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site (the “Content”) grants you only a limited, nonexclusive license for use solely by you in connection with personal use. Except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site and its Content in any unauthorized manner; (2) use the Site and its Content in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site and its Content, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the Site and its Content; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site and its Content; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site and its Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the Site; (8) otherwise circumvent any functionality that controls access to or otherwise protects the Site; (9) modify any Content, except as expressly permitted under these Terms & Conditions; (10) breach the security of the Site or identify any security vulnerabilities thereof without our prior knowledge and permission; or (11) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Wella and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You agree that all of your use of our Site will comply with applicable laws.

9.2. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms & Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.

10. USER CONTRIBUTIONS

10.1. Users of the Site may post, submit, publish, display, or transmit content, information, graphics, text, images, photos, images and other materials via the Site or otherwise (collectively “Contributions”) to other users or other persons, so long as such Contributions comply with our contribution standards, set out below in Section 10.2 (“Contribution Standards”). You are solely responsible for all Contributions that are uploaded, imported, template, posted, emailed, transmitted, shared, or otherwise disseminated by you using, or in connection with these interactive features of the Site. You are responsible for ensuring that your Contributions do not include sensitive personal information about yourself or any personal or sensitive information about third parties.

10.2. Contribution Standards

10.2.1. These Contribution Standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it. You must comply with the spirit of the following Contribution Standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

10.2.2. Contributions must:

10.2.2.1. be accurate (where they state facts);

10.2.2.2. be genuinely held (where they state opinions); and

10.2.2.3. comply with applicable law.

10.2.2.4. be your own and not infringe on any third party’s rights.

10.2.3. Contributions must not:

10.2.3.1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

10.2.3.2. promote sexually explicit material;

10.2.3.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

10.2.3.4. carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;

10.2.3.5. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

10.2.3.6. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

10.2.3.7. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

10.2.3.8. give the impression that they emanate from us, if this is not the case;

10.2.3.9. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy;

10.2.3.10. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

10.2.3.11. impersonate any person, or misrepresent your identity or affiliation with any person or organization;

10.2.3.12. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or

10.2.3.13. consist of or contain material that is generated by artificial intelligence without your review and approval prior to publication.

10.3. Wella does not claim ownership of Contributions. You grant to Wella, its affiliates, and their service providers, licensors, suppliers and distributors, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property and proprietary rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Contributions (and derivative works thereof) in connection with the operation of the Site, Wella’s business and to improve Wella’s products and services, including for marketing purposes.

10.4. You represent and warrant that you have and will maintain all rights necessary to grant the rights in this Section and that Contributions do not infringe the rights of Wella or any third party or violate any agreement with or policy of Wella or any applicable law. If Wella suspects violations of the foregoing, Wella may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. YOU WAIVE AND HOLD HARMLESS WELLA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10.5. We do not endorse any Contributions or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Contributions posted by third parties.

10.6. Except as required by law, we reserve the right to screen, remove, edit, or reinstate Contributions at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove Contributions without penalty or notice if we believe that it violates our Contribution Standards.

10.7. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Wella and its users any claims and assertions of any moral rights contained in such Feedback.

11. DMCA COPYRIGHT NOTICE AND TAKEDOWN PROCEDURE

11.1. It is Wella’s policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement by third parties should be sent to Wella’s Copyright Agent. If you believe that any Contributions violate your copyrighted work in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information:

11.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

11.1.2. a description of the copyrighted work or other intellectual property that you claim has 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;

11.1.3. 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 a description of where the material that you claim is infringing is located on the Site;

11.1.4. your address, telephone number, and, if available, email address;

11.1.5. 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

11.1.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11.2. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.

11.3. Wella’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: By email: shaoni.lahiri@wella.com

By mail: Copyright Agent, 4500 Park Granada; Suite 100 Calabasas, CA, 91302-1665

By phone: (818) 999-5112

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

12.1. THE SITE AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLA AND OUR AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR CONTRIBUTIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SITE, INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, AND EXPRESSLY DISCLAIM FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT

LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. FURTHER, WELLA DOES NOT WARRANT THAT SITE SHALL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR VIRUS OR ERROR FREE, AND NO LIABILITY CAN BE ACCEPTED IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF SUCH UNAVAILABILITY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. YOUR USE OF THE SITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Wella is not responsible for any delays, delivery failures, or other damage resulting from such problems.

12.2. Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.

12.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WELLA BE LIABLE FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL, OR PERSONAL OR REAL PROPERTY OR FOR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS, YOUR ACCOUNT, THE SITE, OR THE CONNECTION TO OR INTERACTION WITH ANY PRODUCTS OR SERVICES PROVIDED OR RECEIVED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT WILL BREIOGEO’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS & CONDITIONS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.4. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

13. INDEMNIFICATION

13.1. You agree to indemnify, defend and hold harmless Wella and our affiliates and subsidiaries, and us and their officers, directors, shareholders, employees, contractors, agents, licensors, and suppliers (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, judgments, awards, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative (“Claim”), arising out of or in connection with (a) your use of the Site, (b) any improper alteration, use, distribution or reliance on the Content, (c) your Contributions, (b) your breach of these Terms & Conditions (including Additional Terms), any terms or policies governed by these Terms & Conditions, (c) your violation of any applicable laws, rules, or regulations through or related to the use of the Site; (d) your violation of any rights of any third party, or your negligence or willful misconduct, or (e) for any activity related to your Account or password, if any (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your Account or password. If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

This Section will survive the termination of the Terms & Conditions.

14. BREACH OF TERMS; TERMINATION

14.1. Failure to comply with these Terms & Conditions may result in our taking all or any of the following actions:

14.1.1. immediate, temporary or permanent withdrawal of your right to use this Site;

14.1.2. immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;

14.1.3. issue of a warning to you;

14.1.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

14.1.5. further legal action against you; and

14.1.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

14.2. We exclude our liability for all action we may take in response to breaches of these Terms & Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

14.3. We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Site or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Site, Content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Site at any time.

14.4. Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property, Indemnification, Disclaimer of Warranties; Limitation of Liability, Governing Law; Jurisdiction, Dispute Resolution and Binding Individual Arbitration, and Miscellaneous and any other provision that is intended to survive termination shall survive termination of these Terms & Conditions or your access to the Site or your Account.

14.5. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WELLA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

15. NOTICE TO CALIFORNIA RESIDENTS. BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Site is:

Provider: Wella Operations US LLC

Phone: (818) 999-5112

E-mail: support@briogeohair.com

Postal Address: 100 Park Avenue, 17th Floor, New York NY10017

If the Site is deemed an electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.

16. GOVERNING LAW; JURISDICTION

16.1. These Terms & Conditions shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the State of New York and controlling U.S. federal law as applicable, without giving effect to its principles of conflicts

of laws. Any disputes or claims not subject to arbitration, as set forth in Section 17, will be resolved exclusively in the federal or state courts of New York City, New York, and you and we consent to personal jurisdiction in those courts.

17. DISPUTE RESOLUTION AND BINDING INDIVIDUAL ARBITRATION

17.1. Purpose and Scope. The term “Dispute” means any dispute, claim, or controversy, except as specifically excluded in Section 17.2, between you and us, or any of our current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, arising out of or relating to your relationship with us or our affiliates. Disputes include those arising from your use of our Site, your purchase of any products or services from us, or the interpretation, application, or enforcement of these Terms & Conditions (including the validity, enforceability, or scope of this Section 17), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Dispute” is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between you and us, or any of our officers, directors, employees, and agents that cannot be resolved through negotiation within the time frame described in Section 17.4, we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 17, and not litigate any Dispute in court, except for those matters listed in Section 17.2. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

17.2. Exclusions from Arbitration. You and we agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Section 17): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. You or we may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.

17.3. Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS. If you do not wish to be bound by the binding arbitration and class action waiver in this Section 17, you must notify us in writing within thirty (30) days of the date that you accept, or anyone acting on your behalf accepts, these Terms & Conditions unless a longer period is required by applicable law (the “Opt-Out Deadline”). Your written notification must be sent to Briogeo.notices@wella.com and must include: (1) your name; (2) your address; (3) the email address associated with your Account with us, if you have one; and (4) a clear statement that you do not wish to resolve Disputes with us through individual arbitration. In order to validly opt out, we must receive your opt-

out notice no later than three (3) days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than three (3) days after the Opt-Out Deadline.

17.4. Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO Briogeo.notices@wella.com, TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) your name; (2) your address; (3) your email address or phone number associated with your Account; (4) your online membership ID, if any; (5) your order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought (together, the “Required Information”). If your notice does not contain the Required Information, we may reject your notice and you will need to re-submit a complete notice. You agree that you will not commence arbitration until sixty (60) days after you send the complete notice. The notice requirement is designed to allow us to make a fair, fact-based offer of settlement if we choose to do so. You agree that you will negotiate with us in good faith about your Dispute. If the Dispute is not resolved within sixty (60) days after we receive a complete notice, you or we may commence arbitration pursuant to the terms in this Section 17.

17.5. Arbitration Procedures. If we and you cannot resolve a Dispute through negotiation, the Dispute (except those Disputes expressly excluded in Section 17.2) will be resolved exclusively and finally by binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. The AAA Rules are available at http://www.adr.org or by calling 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 17. The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Section 17, including the enforceability, revocability, scope, or validity of the arbitration agreement or any portion of the arbitration agreement. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

17.6. Arbitration Location and Costs. The arbitration will take place in either New York City, New York, in the county where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. We will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining AAA fees and costs.

However, if the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Each party will bear the expense of its own attorneys’ fees, except as otherwise provided by law or this Section 17.

17.7. Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that you have expressly and knowingly waived these rights.

17.8. Jury Trial Waiver. YOU AND WE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR ANY PRODUCTS OR SERVICES PROVIDED.

17.9. Severability. If any part or parts of this Section 17 are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section 17 shall continue in full force and effect. If a court or arbitrator decides that any of the provisions in Section 17.7 regarding class claims, representative claims, private attorney general claims, consolidation, or non-individualized relief are unenforceable or invalid, then Sections 17.1 through 17.6 and 17.8 through 17.10 will not apply. Instead, such claims will be severed and proceed in a court of law rather than by arbitration. This Section 17 will survive the termination of your relationship with us.

17.10. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any future material change to this arbitration agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us at support@briogeohair.com, your continued use of our Site or purchase of products or services, including acceptance of products or services offered on our Site following the posting of changes to this arbitration agreement, constitutes your acceptance of any such changes. Changes to this Section 17 do not provide you with a new opportunity to opt out of the arbitration agreement if you have previously agreed to a version of these Terms & Conditions and did not validly opt out of arbitration. If

you reject any change or update to this Section 17, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of our Site, any products or services purchased or received, these Terms & Conditions, or any aspect of your relationship with us, the provisions of this Section 17 as of the date you first accepted these Terms & Conditions (or accepted any subsequent changes to these Terms & Conditions) remain in full force and effect. We will continue to honor any valid opt-outs of the arbitration agreement that you made to a prior version of these Terms & Conditions.

18. GEOGRAPHIC RESTRICTIONS3

18.1. The Site is provided for users in the United States and Canada. Although it may be possible to access the Site from other countries, and except in relation to the use of your personal information where our privacy policy applies [ insert link] we make no representation that our Site is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Site will be appropriate for users in other countries or states. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. MISCELLANEOUS

19.1. If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms & Conditions which shall remain unaffected.

19.2. No delay or failure by us to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

19.3. Wella may assign these Terms & Conditions, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Site, or under these Terms & Conditions.

19.4. These Terms & Conditions (including any incorporated terms or policies) constitute the entire agreement between you and Wella with respect to your Account and the Site.

19.5. Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.

20. CONTACT

If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at support@briogeohair.com