Sobha Cosmetics provides
the content and services available on the Site to you, subject to the following
terms and conditions, our Privacy Policy, the Sobha Lover terms and
conditions available at Sobha.shop and any other terms and conditions and policies which you may
find throughout our Site in connection with certain functionality, features or
promotions as well as customer service, all of which are deemed a part of and
included within these terms and conditions (collectively, “Terms and
Conditions”).
Sobha Online will process the orders placed through this Site and will be the
merchant of record for such orders, unless otherwise indicated during the
checkout process.
THE SECTION BELOW TITLED
“DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION
WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old
or the age of majority in your jurisdiction in order to make a purchase on our
Site. If you are under 18 years old or the age of majority in your
jurisdiction, then you may not make a purchase on our Site. If you are under 13
years old, you may browse our Site. However, you may not provide personal
information to us, make a purchase on the Site nor register on the Site.
This Site is not directed to children under 13 years old. By accessing or
using the Site, you are acknowledging that you have read, understand, and
agree, without limitation or qualification, to be bound by these Terms and
Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT
USE OUR SITE.
1.
PRIVACY
Please review our PRIVACY POLICY for details about
our personal information practices.
2.
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and
services available on the Site, and any samples thereof we may provide to you,
are for personal and/or professional use only. You may not sell or resell any
of the products or services, or samples thereof, you purchase or otherwise
receive from us. Please note that we will track the purchases you make as
a SOBHA Pro member through the Site, at freestanding SOBHA stores and by
telephone order. We reserve the right, with or without notice, to cancel or
reduce the quantity of any order to be filled or products or services to be
provided to you that we believe, in our sole discretion, may result in the
violation of our Terms and Conditions.
4.
PURCHASE RELATED POLICIES AND PROCEDURES
To view policies and
procedures related to orders placed through this Site (such as order
processing, shipping and handling, returns and exchanges), CLICK HERE.
5.
ACCURACY OF INFORMATION
We attempt to be as
accurate as possible when describing our products on the Site; however, we do
not warrant that the product descriptions, colors, information or other content
available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain
typographical errors or inaccuracies and may not be complete or current. SOBHA therefore
reserves the right to correct any errors, inaccuracies or omissions (including
after an order has been submitted) and to change or update information at any
time without prior notice. Please note that such errors, inaccuracies or
omissions may relate to pricing and availability, and we reserve the right to
cancel or refuse to accept any order placed based on incorrect pricing or
availability information. We apologize for any inconvenience.
All information and
content available on the Site and its look and feel, including but not limited
to trademarks, logos, service marks, features, functions, text, graphics,
logos, button icons, images, audio clips, data compilations and software, and
the compilation and organization thereof (collectively, the
“Content”) is our property or the property of our parents,
subsidiaries, our affiliates, partners or licensors, and is protected by United
States and international laws, including laws governing copyrights and
trademarks. The technology associated with this website, including virtual
try-on technology, computer aided skin diagnostic tools, and other technology
solutions, may be protected by one or more patents in the U.S. and elsewhere.
This website is provided to satisfy the virtual patent marking provisions of
various jurisdictions including the virtual patent marking provisions of the
America Invents Act and provide notice under 35 U.S.C. §287 (a). The following
list of patents may not be all inclusive. For example, some products and/or
services provided herein may be covered by patents in the United States and
elsewhere that are not listed, and other products not listed in this paragraph
may be protected by one or more patents in the United States and elsewhere. In
view of the foregoing, the aforementioned products and/or services provided
herein may be protected by one or more of U.S. Patent Nos. US9256963,
US9101320, US8666770, US8489539, and/or US6624843.
Except as set forth in
the limited licenses in SECTION 7 below, or as
required under applicable law, neither the Content nor any portion of the Site
may be used, reproduced, duplicated, copied, sold, resold, accessed, modified,
or otherwise exploited, in whole or in part, for any purpose without our
express, prior written consent.
We grant you a limited,
revocable, non-transferable and non-exclusive license to access and make
personal use of the Site. This limited license does not include the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion
thereof; (b) republish, redistribute, transmit, sell, license or download the
Site or any and/or all Content (except caching or as necessary to view the
Site); (c) make any use of the Site or any and/or all Content other than
personal use; (d) modify, reverse engineer or create any derivative works based
upon either the Site or any and/or all Content; (e) collect account information
for the benefit of yourself or another party; (f) use any meta tags or any
other “hidden text” utilizing any and/or all Content; or (g) use software
robots, spiders, crawlers, or similar data gathering and extraction tools, or
take any other action that may impose an unreasonable burden or load on our
infrastructure. You must retain, without modification, all proprietary notices
on the Site or affixed to or contained in the Site.
We also grant you a
limited, revocable, non-transferable and nonexclusive license to create a
hyperlink to the home page of the Site for personal, non-commercial use only. A
website that links to the Site (i) may link to, but not replicate, any and/or
all of our Content; (ii) may not imply that we are endorsing such website or
its services or products; (iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive
controversial or illegal or inappropriate for any ages (as determined in our
sole discretion); (v) may not portray us or our products or services, in a
false, misleading, derogatory, or otherwise offensive or objectionable manner,
or associate us with undesirable products, services, or opinions; and/or (vi)
may not link to any page of the Site other than the home page. We may, in our
sole discretion, request that you remove any link to the Site, and upon receipt
of such request, you shall immediately remove such link and cease any linking
unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by
you of the Site or any and/or all of our Content automatically terminates the
limited licenses set forth in this SECTION 7 without prejudice
to any other remedy provided by applicable law or these Terms and Conditions.
8.
SOBHAPRO MEMBERS-ONLY ACCESS
Access to some portions
of this Site (Pro-to-Pro, Email an Artist) is only permitted for SOBHAPro
members through the use of a personalized ID that SOBHAPro issues to each SOBHAPro
member and a password. Pursuant to and without limiting the generality of
Section 6 hereof, any distribution of your personalized ID, password or the
Content of this Site to any third party is strictly prohibited. To become
a SOBHAPro member and enjoy all the benefits of membership, a non-member should
send a completed application to SOBHAPRO Membership, 2316 Delaware Avenue, P.O.
BOX 289, Buffalo, NY 14216-2687. Applications are available online and at
participating MAC stores.
9.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of
the Site, you shall comply with these Terms and Conditions and the special
warnings or instructions for access or use posted on the Site. You shall act
always in accordance with the law, custom and in good faith. You may not make
any change or alteration to the Site or any Content or services that may appear
on this Site and may not impair in any way the integrity or operation of the
Site. Without limiting the generality of any other provision of these Terms and
Conditions, if you default negligently or willfully in any of the obligations
set forth in these Terms and Conditions, you shall be liable for all the losses
and damages that this may cause to M∙A∙C, our parents, subsidiaries,
affiliates, partners or licensors.
10.
YOUR ACCOUNT
Subject to the age
restrictions outlined above, you may view and use many features of the Site
without registering, including making purchases, but in order to access and use
some parts of the Site, you may need to register an account with us. You
may choose to create an account at our Site if you are over thirteen (13) years
of age. Do not register if you are not over thirteen (13) years of age. If you
are over thirteen (13) years of age and do register, you will have an email address/username
and password for your account. You are responsible for maintaining the
confidentiality of your account, username and password and for restricting
access to your computer. If there has been an unauthorized use of your password
or account, please notify us immediately. You are responsible for keeping such
information current, complete, accurate and truthful. You agree to accept
responsibility for all activities that occur with your permission or
authorization under your account, username and/or password, or because you fail
to maintain sufficient security over your account, username and/or
password. If you are accessing and using the Site on someone else’s
behalf, you represent that you have the authority to bind that person as the
principal to all Terms and Conditions provided herein, and to the extent you do
not have such authority you agree to be bound to these Terms and Conditions and
to accept liability for harm caused by any wrongful use of the Site or Content
resulting from such access or use. You may cancel your online account with us
at any time.
We reserve the right to
refuse service and/or terminate accounts, including SOBHAPro membership or SOBHALover
membership, without prior notice if these Terms and Conditions are violated or
if we decide, in our sole discretion, that it would be in M∙A∙C’s best
interests to do so.
11.
THIRD PARTY LINKS
We are not responsible
for the content of any off-website pages or any other websites linked to or
from the Site. Links appearing on the Site are for convenience only and are not
an endorsement by us, our parents, subsidiaries, our affiliates or our partners
of the referenced content, product, service, or supplier. Your linking to or
from any off-website pages or other websites is at your own risk. We are in no
way responsible for examining or evaluating, and we do not warrant the
offerings of, off-website pages or any other websites linked to or from the
Site, nor do we assume any responsibility or liability for the actions,
content, products, or services of such pages and websites, including, without
limitation, their privacy policies and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-website pages and other websites that you visit.
12.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
The Site may offer
certain special features and functionality or events (such as contests,
sweepstakes or other offerings) which may (a) be subject to terms of use, rules
and/or policies in addition to or in lieu of these Terms and Conditions; and
(b) be offered by us or by third parties. If so, we will notify you of this and
if you choose to take advantage of these offerings, you agree that your use of
those offerings will be subject to such additional or separate terms of use,
rules and/or policies.
It is our policy to
decline unsolicited suggestions and ideas. Notwithstanding our policy with
regard to unsolicited suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide us (collectively,
“Submissions”) will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by transmitting
or posting any Submission, you hereby grant us a worldwide, non-exclusive,
unrestricted, royalty-free, perpetual, irrevocable, assignable right and
license to copy, use, reproduce, modify, adapt, translate, publish, license,
distribute, sell or assign the Submission in any way as we see fit, including
but not limited to copying in whole or in part, creating derivative works from,
distributing and displaying any Submission in any form, media, or technology,
whether now known or hereafter developed, alone or as part of other works, or
using the Submission within or in connection with our products or services. You
also acknowledge that your Submission will not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, without
payment of money or any other form of consideration, for any purpose including,
without limitation, developing, manufacturing, distributing and marketing
products.
If you make a
Submission, you represent and warrant that you own or otherwise control the
rights to your Submission. You further represent and warrant that such
Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to indemnify
us for all claims arising from or in connection with any claims to any rights
in any Submission or any damages arising from any Submission.
When you transmit,
upload, post, share, distribute, reproduce, e-mail or otherwise make available
data, text, software, music, sound, photographs, graphics, images, videos,
messages or other materials (“User Content”) on the Site in any manner
(including, but not limited to, through the “Contact Us” form), you are
entirely responsible for such User Content. Such User Content constitutes a
Submission under SECTION 13 above. This means that
all third parties, and not we, are entirely responsible for all User Content
that they post to the Site. You agree not to engage in or assist or encourage
others to engage in transmitting, uploading, posting, e-mailing or otherwise
making available on the Site User Content that (a) is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) you do not have a right to make
available under any law or under contractual or fiduciary relationships; (c) is
known by you to be false, inaccurate or misleading; (d) you were compensated
for or granted any consideration by any third party; or (e) infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party. In addition, you agree not to transmit, upload, post, e-mail, or
otherwise make available any software viruses, unsolicited or unauthorized
advertising, solicitation or promotional material, including chain letters,
mass mailings, or any form of “spam.” You further agree not to (i)
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with any person or entity, including without limitation, a SOBHAPro
or SOBHArepresentative or Artist, forum leader, guide or host; (ii)
“stalk” or otherwise harass including advocating harassment of
another, entrap or harm any third party including harming minors in any way;
(iii) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any User Content; (iv) intentionally or unintentionally violate
any applicable local, state, national or international law; or (v) collect or store
personally identifiable data about other users.
We do not endorse or
control the User Content transmitted or posted on the Site and therefore, we do
not guarantee the accuracy, integrity or quality of User Content. You
understand that by using the Site, you may be exposed to User Content that is
offensive, indecent or objectionable to you. Under no circumstances will we be
liable in any way for any User Content, including, without limitation, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site. You hereby
waive all rights to any claims against us for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with User Content.
You acknowledge that we
have the right (but not the obligation) in our sole discretion to refuse to
post or remove any User Content and we reserve the right to change, condense,
or delete any User Content. Without limiting the generality of the foregoing or
any other provision of these Terms and Conditions, we have the right to remove
any User Content that violates these Terms and Conditions or is otherwise
objectionable and we reserve the right to refuse service and/or terminate
accounts without prior notice for any users who violate these Terms and
Conditions or infringe the rights of others.
SOBHAPro members may be
invited to participate in certain special features available on the Site to SOBHAPro
members only. Some of these features; e.g., Membervoice, facilitate
communication among SOBHAPro members. Your use of such features and of
the information communicated is at your own risk and subject to the terms of
this SECTION 14. Neither SOBHAnor
SOBHAPro shall have any liability to you or your any other person or party with
respect to such features, communications, or use of information contained
therein.
DELETION
OF USER CONTENT
If you wish to delete
certain of your public User Content, such as your ratings and reviews
posting(s), on the Site or in connection with our mobile applications, please
contact us by email at [email protected] and include the
following information in your deletion request: first name, last name, user
name/screen name (if applicable), email address associated with our website
and/or mobile applications, your reason for deleting the posting, and date(s)
of posting(s) you wish to delete (if you have it). We may not be able to
process your deletion request if you are unable to provide such information to
us. Please allow up to 10 business days to process your deletion
request.
15.
ONLINE VIDEO
We offer SOBHAPro
members only the convenience of Pro Video online at this Site. As a SOBHAPro
member, you agree to comply with all terms and conditions surrounding your use
of Pro Video online, including but limited to all usage restrictions; e.g.,
limited time for viewing, no copies, and not to circumvent or attempt to
circumvent security features. Pro Video is Content and is protected
by SECTION 6 hereof.
16.
COPYRIGHT INFRINGEMENT NOTICES
We respect the
intellectual property of others and require that users of the Sites do the
same. We also maintain a policy that provides for the termination in
appropriate circumstances of the Sites’ use privileges of users who are repeat
infringers of intellectual property rights. Consistent with the Digital
Millennium Copyright Act, if you believe that copyrighted materials have been
copied in a way that constitutes copyright infringement, please send an e-mail
or written notice to our Designated Agent for notices of infringement and
provide the following:
·
A physical or electronic signature of a person authorized to act
on behalf of the owner of the copyright interest that you claim is infringed;
·
Identification of the copyrighted work(s) that you claim has been
infringed;
·
A description of the material that you claim is infringing and the
location of that material on the Site;
·
Your address, telephone number and email address;
·
A statement by you that you have a good faith belief that the use
of the material in the manner complained of 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 notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
YOU
CAN CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT
AT:
Copyright Agent c/o
Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
Phone: 929-226-5049
Fax: 212-277-2355
Email: [email protected]
NOTE: THE ABOVE CONTACT
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SOBHAONLINE THAT COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A
RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE
GROUP BY EMAIL TO [email protected]
17.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ITS CONTENT
AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS,
SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE
SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER
WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE
RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE)
FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH
YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY
WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR
REASONABLE CONTROL.
FURTHER, NEITHER WE NOR
OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN
CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS
OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT
OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE
BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO
SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION
OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION,
LIABILITY, OR RESPONSIBILITY TO YOU.
18.
INDEMNIFICATION
You agree to defend,
indemnify and hold us harmless for any loss, damages or costs, including
reasonable attorneys’ fees, resulting from any third party claim, action, or
demand arising from (i) your use of the Sites or the Site Content in violation
of any law, rule, regulation or these Terms and Conditions, or (ii) any part of
your User Content. You also agree to indemnify us for any loss, damages, or
costs, including reasonable attorneys’ fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load
on our infrastructure.
19.
DISPUTES
With respect to any
dispute, claim, or controversy regarding the Site, all rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed by
the laws of New York, as if the Terms and Conditions were a contract wholly entered
into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO
YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP
BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY
RIGHTS OF SOBHAOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS
OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK
AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS
THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM,
AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY
DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND
APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed
that any dispute over the scope of this arbitration provision and any dispute
as to whether a claim is arbitral shall be submitted to the arbitrator for
decision. Notwithstanding the foregoing, to the extent you have in any
manner violated or threatened to violate our intellectual property rights or
the intellectual property rights of our affiliates, partners or licensors or
otherwise have a cause of action in equity, we may seek injunctive or other
appropriate relief in any court of competent jurisdiction and you consent to
jurisdiction and venue in any such court for such purposes. Arbitration under
this agreement shall be conducted under the Consumer-Related Disputes
Supplementary Rules then prevailing with the American Arbitration Association.
The arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
You agree that any
arbitration or proceeding shall be limited to the dispute between us and you
individually, and (i) no arbitration or proceeding shall be joined with any
other; (ii) there is no right or authority for any dispute to be arbitrated or
resolved on a class action-basis or to utilize class action procedures; and
(iii) there is no right or authority for any dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING.
20.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive
any agreements, notices, disclosures and other communications (collectively,
“Notices”) to which these Terms and Conditions refer from us electronically
including without limitation by e-mail or by posting notices on this Site. You
agree that all Notices that we provide to you electronically satisfy any legal
requirement that such communications be in writing. To withdraw your consent to
receive Notices electronically, you must notify us of your withdrawal of such
consent by emailing us at [email protected] and discontinue
your use of this Site. In such event, all rights granted to you pursuant to
these Terms and Conditions, including but not limited to the limited licenses
set forth in SECTION 7 hereof, shall
automatically terminate. Unfortunately, we cannot provide the benefits of this
Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely
separate from any election you may make with respect to receipt of marketing
communications. Your options with respect to receipt of marketing
communications are set forth in our PRIVACY POLICY.
21.
GENERAL
You acknowledge and
agree that these Terms and Conditions constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in
our sole discretion, to change these Terms and Conditions at any time by
posting the changes on the Site and providing notice of such change. Any
changes are effective immediately upon posting to the Site and release of
notice of such change. Your continued use of the Site thereafter constitutes
your agreement to all such changed Terms and Conditions. We may, with or
without prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in
these Terms and Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
interpretation.
If you have any
questions regarding these Terms and Conditions, please contact us.