TERMS AND CONDITIONS OF SALE
Rand Frères (the “Company”) provides the following terms and conditions of sale which apply to and govern the online sale of any and all products (the “Products”) sold by the Company through its website maisondaccessoires.com (the “Website”) to you, the customer (“you”).
PLEASE READ THESE CONDITIONS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF OR RELATED TO ANY TRANSACTION YOU ENTER INTO WITH THE COMPANY OR ANY PRODUCTS PURCHASED FROM THE COMPANY, THESE CONDITIONS, OR ANY ITEM SET FORTH IN THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART
OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
REGISTRATION AND CONDITIONS FOR USE
on the Website (collectively, the Conditions”). In order to complete your registration, you must check the box which states, “I have read and accept the Conditions.
” Your registration will not be approved by the Company and you will not be permitted to make any purchases through the Website until you so agree. The Conditions may be changed at any time at the Company’s sole and absolute discretion without notice to you. You specifically represent and warrant you have validly entered into these Conditions and have the legal power to do so.
By completing the online registration form, you represent and warrant to the Company that you have provided accurate, truthful, up-to-date, and complete information on your contact and payment details. In the Company’s sole and absolute discretion, in the event that you provide false, inaccurate, expired, or incomplete registration data, or if it is suspected or determined that the information provided does not comply with the Conditions, or that you have been or may be involved in fraudulent activities or other activities that are in breach of the law, the Company shall be entitled to suspend or terminate your account without prior notice and to deny you access to all or part of the Website or any services provided by the Company.
So long as no order is pending, you may request at any time to be unregistered from the Website.
The Company does not sell Products to minors. By registering to purchase any Products sold by the Company through the Website, you hereby represent and warrant that you are at least eighteen (18) years of age and have the capacity and ability to enter into any transaction with the Company. Purchases will not be accepted from those persons under eighteen (18) years of age (i) without written consent of said person’s parent or legal guardian who must agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions, and to abide by and comply with these Conditions, or (ii) unless such person is an emancipated minor.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE REGISTRATION OF YOUR CHILD, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH REGISTRATION AND PARTICIPATION IN THE TRANSACTION THROUGH THE WEBSITE.
CUSTOMER ACCOUNT AND PASSWORD
As part of the registration process, you will be required to provide an email address at which you may be reached and directed to create a unique username and password. Your username and password are confidential data. You solely are responsible and liable for any use that may be made of your username and password, and the sole guarantor of their confidentiality, as well as any use of your account. You may register only under a single username and password.
The email you provide during registration will be used to confirm your successful registration and to provide information on any orders you place through the Website.
You shall inform the Company immediately of any unauthorized use of your account, and of any possible compromise of the confidentiality of your username, password, or identification, via email at email@example.com.
If the Company believes or has reason to believe that the security of the Website has been breached or that your username or password has been misused, the Company may require you to change the same. Under no circumstances shall the Company be held liable for any loss or damage resulting from your non-compliance with the obligations contained in this section. If the breach of confidentiality of the username, password, or any other identification used to access the Website was due to your negligence or fault, you solely shall be responsible for any damages resulting therefrom.
Browsing and placing orders on the Internet implies knowledge and acceptance of the characteristics and risks associated with the Internet, in terms of technical performance, response time, risk of interruption, viruses and more generally of all risks associated with connection and the transmission of data on the Internet. The Company shall not be liable for any damage, injury, claim, or demand of any kind caused by a computer virus or any other malware contained in a document, file, email, server, or any other IT medium, arising out of or related to your use of the Website.
Certain Products may be available exclusively online through the Website. These Products may be subject to limited quantities and may be returned or exchanged only in accordance to our Return Policy, as set forth herein.
The Company has made every effort to accurately depict the images of the Products offered for sale through the Website, including, but not limited to its color. However, due to variations on displays available through your personal computer and/or smart devices, such as iPhones, iPads, Androids, the Company cannot guarantee that the colors as depicted on your device will be accurate. The information and, in particular, the photos appearing on the Website are provided without any warranty or guarantee that they are accurate, complete, or up-to-date and are not contractually binding. You must review the description of each product to know its characteristics.
The Company reserves the right to limit the quantities of any Products offered for sale. The Company reserves the right to discontinue any Product at any time. The Company reserves the right to make any changes to the description for any Product offered for sale on the Website at any time, without prior notice. It is solely your responsibility and risk to make the determination of whether a Product is suitable for Purchase. Any offer for any the sale of any Product made on the Website is void where prohibited.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is determined to be inaccurate without prior notice.
The Company undertakes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information on the Website has been modified or updated.
The Company shall have no liability or obligation for any inadvertent errors, inaccuracies or omissions of descriptions of any Product sold on the Website, or changes to any information or description provided or changed for any Product sold on the Website.
ORDERS AND PRICES
Any order placed by you constitutes an acceptance of the prices and descriptions of the Products you place in the basket. In all cases, by pushing the “check out” button on the Website, you confirm your obligation to purchase the Products in the basket. This confirmation of purchase further constitutes an acknowledgment and agreement to the Conditions. All orders shall be confirmed by the Company via an email sent to the email designated by you at the time of registration. However, the Company reserves the right to refuse any order you place with the Company. The Company may, in its sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment information, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to or cancels an order, the Company shall attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Company reserves the right to limit or prohibit orders that, in its sole and absolute discretion, appear to be placed by dealers, resellers or distributors.
The Company further reserves the right to cancel any order from any customer with whom there is a dispute relating to the payment of an earlier order. The Company shall not be liable for the consequences of any error in relation to the information provided by you when placing the order.
Prices are expressed in US dollars and all orders are payable in US dollars. Prices include the sales tax applicable on the day of the order and any change in the applicable sale tax rate shall automatically be applied to the price of the Products on the Website. You are responsible for paying all taxes applicable to the purchase of the Product in the State in which you reside. The prices indicated on the Website are exclusive of processing costs (shipping and handling). The final price charged to you will be the purchase price for the Product, all applicable taxes, and the costs of shipping and handling.
The final price must be paid in full when the order is placed. No Product will be shipped, and no transaction shall be deemed completed, until the final price is received by the Company. The Company offers payment of any purchases via PayPal. In the event of a payment problem, the order shall be automatically canceled, and you shall be informed by e-mail. For security reasons, if the delivery address is different from the billing address, the Company and/or your bank may ask for additional information, which may delay processing of your order.
Delivery of your order shall be made to the place you designate at the time of purchase via a method of the Company’s choosing. The Company cannot guarantee that the sale and delivery of the purchased Products to your particular location is permissible, so please be aware of your own geographic restrictions. The Company reserves the right, but is not obligated, to limit the sales of its Products to any person, geographic region, or jurisdiction. The Company may exercise this right on a case-by-case basis. The Website and its contents will not constitute the basis for any contractual commitment between the Company and any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of products by the Company would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the Website from jurisdictions in which it would be illegal for the Company to sell products.
If your location does not appear in the choice of available delivery destinations, you can send us an email to: firstname.lastname@example.org
to make a request, which shall be reviewed within 48 hours.
A single delivery location is authorized per order. If you wish to receive your Products in two separate delivery locations, you shall have to place two orders and pay the respective delivery costs.
The Products are delivered to the delivery address(es) indicated by you during the order. Delivery dates vary depending on the location and delivery method chosen. The Company will use commercially reasonable methods to deliver the goods or services within the timeframe indicated when you place the order. However, where delivery times and dates are given, they are for general guidance only and the Company shall not be held liable for late delivery of goods caused by circumstances beyond its reasonable control.
Please note that the Company is currently not able to deliver to P.O. Boxes or military bases.
In the event of a delay in delivery of more than seven (7) business days after the maximum delivery timeframe provided at the time of your order, you may contact the Company via email to request that delivery be made within ten (10) business days thereafter. In the event that the Company is unable to comply with your request, you may cancel your order by sending an email to the Company’s customer service department, as set forth herein. Upon receipt of your request for cancelation, so long as the Product(s) has not been delivered in the interim, the Company shall refund the full price paid by you within thirty (30) days of cancelation. In the event that you receive the Product(s) after the order is canceled, the Company shall refund your money after the Product(s) has been returned to the Company in its original condition. The payment for return shipment under this section shall be paid by the Company.
Should you receive an item you have ordered that is defective, damaged or not what you ordered, please contact the Company as soon as possible. Its personal shopping consultants will help you resolve any issues as quickly as possible by delivering another item, replacing your order or refunding the amount paid. If you are not satisfied with any of the Products you have purchased, the Company considers it important that you are able to return you product.
Please be advised that the Company’s jewelry is hand-crafted and is fragile and requires careful handling. To ensure the safety and longevity of your jewelry, it is recommended that it be cleaned regularly using a soft cloth to keep it radiant. Avoid any contact with perfume, chemical products, abrasives such as bleach, iodine dyeing, solvents or thinners. Generally, it is advisable not to sleep with your jewelry, and not to soak it in water. It is recommended that you always remove your jewels before you bathe or shower as the tap water, swimming pool or sea water is harmful to your jewelry. Note that some beads are fragile (ceramic beads or glass paste, for example), so avoid dropping your jewels. In addition, the care you take with the storage of your jewelry is of particular importance in order to extend their life. Straps mounted on elastic must be put on without pulling, preferably by rolling them.
The feather jewelry or cabled wires are particularly delicate, handle them carefully so that they do not get distorted. Always place them carefully in a jewelry box, in an individual compartment. For wooden jewelry, to keep the wood shiny, wipe it regularly with a dry cloth. Mother of pearl is a natural material. Mother of pearl jewelry should be cleaned with a soft cloth. Guaranteed silver jewelry and gold-plated jewelry is tarnished under the effect of many external factors such as humidity, skin acidity, and they are likely to scratch. To restore their original radiance, it is recommended to use a soft chamois cloth. As silver jewelry can also be blackened over time, you can use a special silver product on the chamois for effective anti-oxidant protection.
You can return or exchange items within twenty-eight (28) days of the date of delivery. All items being returned or exchanged must be sent back and postmarked within the twenty-eight (28) days grace period from the date it was delivered. Any returned item must include the following:
Your telephone number and e-mail address;
Proof of purchase; and
All accessories and materials delivered with your Product.
Please send your returns to the following:
E-shop – MAISON D’ACCESSOIRES CUSTOMER SERVICE
47-49 boulevard Saint Martin 75003 Paris
Tel.: + 33 (0)1 85 73 73 85
For all returns, except where the item is damaged, defective or sent in error by the Company, you will be required to arrange and pay for the return of the products to us.
Refunds will be issued for the price of goods returned within 7-10 business days once all information referred to above is received. If there are any problems with your refund, a member of the Company’s customer care team will contact you.
Due to safety reasons, the Company cannot exchange or refund earrings, unless they are damaged or defective.
Items sold at a discount from the original retail price (on sale or with special promotion code) are FINAL, and no refunds will be issued for sale items. Exchanges will be issued on sale items only during the sale period.
Purchases made via the Internet or via Mail-Order cannot be returned to one of our shops. The Company highly recommend that you send your return order via certified mail for security purposes as the Company cannot accept responsibility for items lost in transit.
The Company strives to satisfy its customers. You can contact the customer service department at the following with any questions or issues:
E-shop – MAISON D’ACCESSOIRES CUSTOMER SERVICE
47-49 boulevard Saint Martin 75003 Paris
Tel.: + 33 (0)1 85 73 73 85
Please be advised that handling your inquiries may take some time due to circumstances beyond our control. In order to expedite the process, please describe your questions or problems as accurately and fully as possible and send us a copy of the invoice or indicating the order references. If the Company does not reply within five (5) working days, please contact us again.
DEFAULTS; COMPANY’S REMEDIES
If you do not comply with the Conditions herein, you will be in default. In addition to any and all other remedies available to the Company by law and at equity, including, without limitation, the right to hold you liable for the total purchase price, including all fees, charges and expenses the Company may have incurred, the Company, at its sole option, may cancel the sale of the Product or any other Products sold to you at the same or any other transaction, retaining as liquidated damages all payments made by you. In any case, you will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE CONDITIONS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WILL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID OR PAYABLE BY YOU TO THE COMPANY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you are a California resident, you waive your rights with respect to California Civil Code section 1542, which states that, “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The parties expressly waive and release any right or benefit which they have or may have under any similar law or rule of any other jurisdiction. In furtherance of such intention, the release herein given shall be, and remain in effect as a full and complete release of all matters notwithstanding the discovery of the existence of any additional claims or facts relating thereto.
PROHIBITED USES OF THE WEBSITE
In addition to other prohibitions as set forth in the Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. The Company reserves the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
The Company retains all right, title, and interest (including, without limitation, all Intellectual Property Rights) in and to the items outlined in this Section, and all derivatives, modifications, or enhancements thereto. You agree to take any action reasonably requested by the Company to evidence, maintain, enforce or defend its Intellectual Property Rights. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with the Company’s ownership of and
rights with respect to the items outlined in this Section. No rights to any Intellectual Property Rights are being granted or licensed to you by virtue of your registration for and/or use of the Website.
“Intellectual Property Right” means any patent, copyright, trade or service mark, trade dress, trade name, database right, goodwill, logo, trade secret right, or any other intellectual property right or proprietary information right, in each case whether registered or unregistered, and whether arising in any jurisdiction, including without limitation all rights of registrations, applications, and renewals thereof and causes of action for infringement or misappropriation related to any of the foregoing, including, but not limited to, the Website, and any and all information, graphic, artwork, text, video clip, audio clip, trademark, logo, all software compilations, underlying source code and software, and other content provided in or through the Website.
The Website and all materials, including, without limitation, software, images, text, graphics, illustrations, logos, catalogues, patents, trademarks, service marks, copyrights,
photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related
thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content made available to you by the Company orally or in writing regardless of form of media. Use of the Content for any purpose not expressly permitted by these Conditions is strictly prohibited.
“Rand,” “Kaneore,” “Mayrev,” “Balaboostè,” and other logos and service names are trademarks, registered trademarks or trade dress of the Company and such trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
The Company owns the aggregate, statistical, and sales data related to, derived from, and concerning its sales, and reserves all Intellectual Property Rights to utilize such data for its own business purposes.
Ideas and comments. You may choose to, or the Company may invite you to, submit comments or ideas about the Website or Products, including without limitation about how to improve our operations, our service, and/or our Products (collectively, “Comments”). You agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. The Company is not and shall not be under any obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. The Company may, but shall have no obligation to, monitor, edit or remove content that it determines in our sole and absolute discretion to be deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or may violate any party’s intellectual property or these Conditions. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead the Company or third-parties as to the origin of any Comments. You solely are responsible for any Comments you make and their accuracy. The Company takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
You agree to indemnify, defend and hold harmless the Company, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these Conditions or the documents they incorporate by reference, (ii) your breach of any of the representations and warranties herein; (iii) your violation of any law or the rights of a third-party; or (iv) your violation of any law, rule or regulation of the United States or any other country.
Except as expressly provided above, the Website and the Products offered therein are provided “as is” and “as available” without warranty of any kind. The Company specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. The Company does not warrant that the Website will meet your requirements, operation of the Website will be uninterrupted or virus- or error-free, or errors will be corrected. Any oral or written advice provided by the Company or its agents does not and will not create any warranty.
No oral or written statements made in the online listing, advertisement, and announcement or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty. The Company is not responsible for errors and omissions in the catalogue, online listings or any other supplemental material. Some jurisdictions do not allow the exclusion of implied warranties which means that some or all of the disclaimers or exclusions may not apply to you.
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
You and the Company agree that any dispute, controversy, or claim that has arisen or may arise between the parties relating in any way to your use of or access to the Website, the Products, any interpretation, breach, enforcement, or termination of these Conditions, or otherwise relating to the Company in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with the Company, you agree that before taking any formal action, you will contact the Company at email@example.com,
provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which the Company will attempt to reach an amicable resolution of your issue.
Applicable Law. The laws of the State of California will govern all Covered Matters. California conflicts of law rules shall apply.
You and the Company each agree that any and all disputes, claims, or controversies arising out of or related to or connected with the Covered Matters shall be resolved exclusively through final and binding arbitration, rather than in court. Any claims arising out of, relating to, or connected with the Covered Matters not resolved through Informal Resolution pursuant to paragraph 14(a) above must be asserted individually in a binding arbitration to be administered by JAMS in Los Angeles County, California pursuant to the JAMS Comprehensive
Arbitration Rules and Procedures. Both parties further agree that the arbitration shall be conducted
before a single JAMS arbitrator who is a retired California or federal judge or justice. The arbitrator shall strictly apply California substantive law and the California Rules of Evidence. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR
JURY TRIAL. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Conditions, including, any claim that all or any part of these Conditions is void or voidable or that a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Parties specifically agree to submit to the jurisdiction of JAMS and such courts for all Covered Matters.
(d) Award. You agree and acknowledge that in any award to be granted by the Arbitrator, your rights and remedies against the Company or other party related to the Website or Products shall be limited to an action at law for money damages, and you hereby waive all other rights and remedies you may have at law or in equity (including, without limitation, injunctive relief, rescission, cancellation, and termination of this Agreement or the right to enjoin or restrain the advertisement, promotion, marketing or exploitation by Company or any third party in connection with the Website, the Products and/or any rights or activities hereunder in any and all manner of media whatsoever, whether now known or hereafter devised). For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and you agree to submit to the jurisdiction of such courts. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Force Majeure. Except for the obligation to pay money, neither party will be liable for any failure or delay in its/his/her performance under these Conditions due to any cause beyond its/his/her reasonable control, including acts of war, acts of God, earthquake, flood, weather conditions, embargo, riot, epidemic, acts of terrorism, acts or omissions of vendors or suppliers, equipment failures, sabotage, labor shortage or dispute, governmental act, failure of the Internet or other acts beyond such party’s reasonable control, provided that the delayed party: (i) gives the other party prompt notice of such cause; and (ii) uses reasonable commercial efforts to correct promptly such failure or delay in performance.
Counterparts; Facsimile. These Conditions may be executed in any number of counterparts and in facsimile or electronically, each of which shall be an original but all of which together shall constitute one and the same instrument.
Entire Agreement. These Conditions and all documents referenced herein contain the entire understanding of the parties in respect of its subject matter and supersedes all prior agreements and understandings (oral or written) between the parties with respect to such subject matter.
Any modification, amendment, or addendum to these Conditions must be in writing and signed by both parties.
You may not assign these Conditions or any of your rights, obligations, or benefits hereunder, by operation or law or otherwise, without the Company’s prior written consent. This Agreement shall be binding upon the parties and upon their respective heirs, administrators, representatives, executors, successors and assigns, and shall inure to the benefit of the Parties and their respective heirs, administrators, representatives, executors, successors and assigns.
No Third-Party Beneficiaries. The representations, warranties and other terms contained herein are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and they shall not be construed as conferring any rights on any other persons.
If any provision of these Conditions is held by a court or arbitrator of competent jurisdiction to be contrary to law, such provision shall be changed by the court or by the arbitrator and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Conditions shall remain in full force and effect.
The headings of the sections of these Conditions are for convenience only and do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe its meaning, scope or intent.
No Waiver. No failure or delay on the part of either party in exercising any right, power or remedy under these Conditions shall operate as a waiver, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise or the exercise of any other right, power or remedy.
The Company may terminate its agreement with you if it suspects that you have failed to comply with the Conditions, or any of them. Sections of the Conditions intended by their nature and content to survive termination of the Conditions, including any remedies to which the Company is entitled, shall so survive.