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General Terms and Conditions of Use ("Terms")
are entered into by and between you and OroStyle, L.L.C.,
a New York City corporation ("OroStyle.com L.L.C.").
In consideration of your use of and access to this Internet
site (the "OroStyle.com"), and the promises
and obligations herein, and intending to be legally
bound, you and OroStyle hereby agree as follows:
Your
access to and use of the OroStyle.com Site is subject
to these Terms, as well as any modifications issued
by OroStyle to these Terms, and all applicable laws
and regulations. BY USING THE OroStyle.com SITE, YOU
AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS.
If you do not want to be bound by these Terms, do not
use the OroStyle.com Site.
Among
other things, the OroStyle.com Site provides information
concerning various products and services and the opportunity
to obtain additional information concerning those products
and services or to purchase them. These Terms and the
information provided in the OroStyle.com Site in no
way override the terms and conditions of your purchase
of any product or service except as specifically provided
herein. To the extent any area within the OroStyle.com
Site contains specific terms and conditions concerning
its use ("Specific Terms"), those Specific
Terms are in addition to these Terms. To the extent
there is a direct conflict between these Terms and the
Specific Terms, the Specific Terms shall prevail.
OroStyle
shall have right at any time and without prior notice,
at its sole discretion, to revise these Terms or to
impose new terms and conditions with respect to access
to or use of the OroStyle.com Site. Such revisions and
additions shall be effective immediately upon notice
thereof, which may be given by any means, including
but not limited to posting the revised or additional
terms and conditions on the OroStyle.com Site. You are
responsible for reviewing the OroStyle.com Site periodically
for any modification to this Agreement that may affect
your rights or obligations hereunder. You agree that
you shall be deemed to be apprised of and bound by any
modification by OroStyle to these Terms. ANY ACCESS
OR USE OF THE OroStyle.com SITE BY YOU AFTER NOTICE
OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE
AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS
OR ADDITIONS. No modification to these Terms by any
party other than OroStyle shall be valid or enforceable
against OroStyle unless expressly agreed to by OroStyle
in a writing signed by a duly authorized officer of
OroStyle.
These
Terms are effective until terminated by OroStyle. OroStyle
may terminate these Terms without notice and at any
time. In the event of termination, you are no longer
authorized to access the OroStyle.com Site, and the
restrictions imposed on you with respect to the Content,
and the disclaimers, indemnities, and limitations of
liabilities set forth in these Terms shall survive termination.
OroStyle
shall also have the right without notice and at any
time to terminate the OroStyle.com Site or any portion
thereof, or any products or services offered through
the OroStyle.com Site, or to terminate any individual's
right to access or use the OroStyle.com Site or any
portion thereof.
You
agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the
OroStyle.com Site and your purchase of the items on
the OroStyle.com Site. You must be at least 18 years
old to use the OroStyle.com Site.
The
text, images, photographs, graphics, logos, illustrations,
descriptions, data, and other material provided on the
OroStyle.com Site, as well as the selection, assembly
and arrangement thereof, are referred to collectively
as the "Content."
The
Content may contain errors, omissions, or typographical
errors or may be out of date. OroStyle may change, delete,
or update any Content at any time and without prior
notice. The Content is provided for informational purposes
only and is not binding on OroStyle in any way except
to the extent it is specifically indicated to be so.
Unless
otherwise noted, all Content is protected by copyrights,
trademarks, service marks, and other proprietary rights
that are owned by OroStyle or by third parties that
have licensed their use to OroStyle. You may view and
use the Content only for your personal information and
for shopping and ordering on the OroStyle.com Site,
and for no other purpose, and you shall retain intact
all copyright and other proprietary notices. Except
as provided in the foregoing, OroStyle does not grant
to you or any person any right to use, reproduce, copy,
modify, transmit, display, publish, sell, license, create
derivative works, publicly perform, or distribute by
any means, method, or process whatsoever, now known
or hereafter developed, any of the Content on or transmitted
through the OroStyle.com Site, including without limitation
by transferring, downloading or otherwise copying any
Content onto any disk drive or other storage medium.
Any use of the Content, except as specifically permitted
in these Terms or as otherwise expressly permitted in
the Content or in a writing signed by OroStyle, is strictly
prohibited.
Links
to other Internet sites operated by third parties, including
OroStyle vendors, do not constitute sponsorship, endorsement,
or approval by OroStyle of the content, policies, or
practices of such linked sites. Linked sites are not
operated, controlled, or maintained by OroStyle, and
OroStyle is not responsible for the availability, content,
security, policies, or practices of linked sites, including
without limitation privacy policies and practices. Links
to other sites are provided for your convenience only,
and you access them at your own risk.
OroStyle
does not accept orders from outside the United States.
OroStyle does not ship products to destinations outside
of the United States. OroStyle will add shipping and
handling fees and applicable sales/use tax. OroStyle
reserves the right without prior notice to discontinue
or change specifications and prices on products offered
on OroStyle.com. Products displayed on OroStyle.com
are available while supplies last. Descriptions of,
or references to, products on OroStyle.com do not imply
endorsement of that product or constitute a warranty,
by OroStyle.
OroStyle
MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH
RESPECT TO THE OroStyle.com SITE OR ANY LINKED SITE
OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE
OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE
ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT,
INFORMATION AND MATERIALS. OroStyle ALSO DOES NOT WARRANT
OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE OroStyle.com
SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE
OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE OroStyle.com SITE OR ANY LINKED SITE IS
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED
ON THE OroStyle.com SITE IS PROVIDED TO USERS "AS
IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS
IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION
OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF
THE OroStyle.com SITE. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
UNDER
NO CIRCUMSTANCES SHALL OroStyle, ITS SUPPLIERS OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY
TO ACCESS OR USE THE OroStyle.com SITE OR ANY LINKED
SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS
OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN
IF OroStyle IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
ALL
PRODUCTS AND SERVICES SOLD BY OroStyle ARE SUBJECT TO
ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR
RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED
TO YEAR 2000 COMPLIANCE. ACCORDINGLY, OroStyle MAKES
NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT
OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN,
OroStyle EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND
SERVICES SOLD ON THE OroStyle.com SITE, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Please note that
some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions
or limitations regarding the exclusion of implied warranties.
Except
as otherwise expressly provided herein or in the OroStyle
PRIVACY STATEMENT posted on the OroStyle.com Site, any
communication or material you transmit to the OroStyle.com
Site by electronic mail or otherwise, including any
questions, comments, suggestions, or the like, is and
will be treated as non-confidential and non-proprietary
and may be used by OroStyle, OroStyle vendors, or their
affiliates or related entities for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, OroStyle,
OroStyle vendors, and their affiliates and related entities
are free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the OroStyle.com
Site for any purpose whatsoever, including, but not
limited to, developing, manufacturing, and marketing
products or services using information contained in
such communication.
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