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Please read these Terms and Conditions (the "Agreement") carefully before using this website. By using any of the following websites (collectively, the "ANN YVETTE WEBSITES"), you agree to be bound by this Agreement: ANNYVETTE.COM, ANNYVETTE.NET. If you do not agree to the terms and conditions of this Agreement, please do not use any of the ANN YVETTE WEBSITES. ANN YVETTE (referred to herein as "ANN YVETTE," "we," "us" and "our"), a registered trademark of Best Store LLC, USA, reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the ANN YVETTE WEBSITES. You can determine when this Agreement was last revised by referring to the "Last updated" legend at the top of this Agreement. You should always check this Agreement prior to using the ANN YVETTE WEBSITES. Your continued use of the ANN YVETTE WEBSITES following the posting of changes to this Agreement will mean that you accept those changes.
The ANN YVETTE WEBSITES are owned and operated by BEST STORE LLC, Newark, DE. The contents of the ANN YVETTE WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the ANN YVETTE WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by ANN YVETTE to access and use the ANN YVETTE WEBSITES, you may download one (1) copy of any particular materials from the ANN YVETTE WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of ANN YVETTE's copyright and other proprietary rights. "ANN YVETTE" and the other ANN YVETTE trademarks, trade names, service marks and logos appearing on the ANN YVETTE WEBSITES are proprietary trademarks of BEST STORE LLC. The use of any of our trademarks or any other content made available through the ANN YVETTE WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
Your submission of information through the ANN YVETTE WEBSITES is governed by ANN YVETTE's Security and Privacy Statement (the "Security and Privacy Statement"), located at www.ANNYVETTE.com/privacy.asp, and this Agreement incorporates by reference the terms and conditions of the Security and Privacy Statement. You represent and warrant that any information you provide in connection with your use of the ANN YVETTE WEBSITES is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
You may be required to register with ANN YVETTE in order to access certain areas of the ANN YVETTE WEBSITES, for example, to purchase ANN YVETTE products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a username or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the ANN YVETTE WEBSITES, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the ANN YVETTE WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the ANN YVETTE WEBSITES that occur in connection with your username. You agree to immediately notify ANN YVETTE of any unauthorized use of your password or username or any other breach of security related to your account, your username or the ANN YVETTE WEBSITES, and to ensure that you "log off" and exit from your account with the ANN YVETTE WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
We expect users of the ANN YVETTE WEBSITES to respect the law as well as the rights and dignity of others. While using the ANN YVETTE WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the ANN YVETTE WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the ANN YVETTE WEBSITES pursuant to Section 14 below. You agree not to:
Additionally, you acknowledge and agree that you (and not ANN YVETTE) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the ANN YVETTE WEBSITES, and for paying all charges related thereto.
ANN YVETTE may offer features through the ANN YVETTE WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without ANN YVETTE's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other ANN YVETTE WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization. When you submit or make available any information or materials through the Forums or otherwise through any ANN YVETTE WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by ANN YVETTE without restriction. You grant to ANN YVETTE the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the ANN YVETTE WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the ANN YVETTE WEBSITES. The Forums include the opinions, statements and other content of third parties, including ANN YVETTE Independent Sales Representatives. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including ANN YVETTE Independent Sales Representatives) through the Forums or otherwise through the ANN YVETTE WEBSITES are those of such third parties and not of ANN YVETTE, and ANN YVETTE does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the ANN YVETTE WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that ANN YVETTE has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the ANN YVETTE WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE ANN YVETTE WEBSITES, YOU DO SO AT YOUR OWN RISK.
Any sweepstakes, contest, or similar promotion made available through any ANN YVETTE WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. ANN YVETTE urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
If you wish to purchase any product or service or to make a payment to your ANN YVETTE account through an ANN YVETTE WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the ANN YVETTE WEBSITES will be treated by ANN YVETTE in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. ANN YVETTE reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the ANN YVETTE WEBSITES are subject to change without notice, and ANN YVETTE shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to ANN YVETTE's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the ANN YVETTE WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
BEST STORE LLC controls and operates the ANN YVETTE WEBSITES from its offices located in the State of Delaware, U.S.A., and the ANN YVETTE WEBSITES are not intended to subject ANN YVETTE to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the ANN YVETTE WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. ANN YVETTE makes no representation or warranty that any ANN YVETTE WEBSITE, in whole or in part, or any products, services, or materials made available through the ANN YVETTE WEBSITES, are appropriate or available for use in other locations. Those who choose to access the ANN YVETTE WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
Except as otherwise expressly stated by ANN YVETTE on an ANN YVETTE WEBSITE, ANN YVETTE is not affiliated or associated with operators of any third party websites that link to or are linked from the ANN YVETTE WEBSITES. ANN YVETTE expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the ANN YVETTE WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the ANN YVETTE WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. ANN YVETTE shall have the right, at any time and at its sole discretion, to block links to the ANN YVETTE WEBSITES through technological or other means without prior notice.
THE ANN YVETTE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANN YVETTE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ANN YVETTE WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ANN YVETTE MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY ANN YVETTE INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE ANN YVETTE WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE ANN YVETTE WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE ANN YVETTE WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE ANN YVETTE WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. While we try to maintain the integrity and security of the ANN YVETTE WEBSITES and the servers from which the ANN YVETTE WEBSITES are operated, the ANN YVETTE WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the ANN YVETTE WEBSITES. If you become aware of any unauthorized third party alteration to the ANN YVETTE WEBSITES, contact us at CustomerService@ANN YVETTE.com with a description of the material(s) at issue and the URL or location on the applicable ANN YVETTE WEBSITE where such material(s) appear.
IN NO EVENT SHALL ANN YVETTE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "ANN YVETTE ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE ANN YVETTE WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE ANN YVETTE WEBSITES, OR (D) THE ACTS OR OMISSIONS OF ANN YVETTE INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF ANN YVETTE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ANN YVETTE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. ANN YVETTE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY ANN YVETTE INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL ANN YVETTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE ANN YVETTE WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE ANN YVETTE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ANN YVETTE WEBSITES.
You will indemnify and hold the ANN YVETTE Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the ANN YVETTE WEBSITES; (b) any violation of this Agreement or any other ANN YVETTE terms, conditions or policies by you or through any account you may have with any ANN YVETTE WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the ANN YVETTE WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any ANN YVETTE WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the ANN YVETTE Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
This Agreement is effective until terminated by ANN YVETTE. You agree that ANN YVETTE, at its sole discretion, may terminate your access to or use of the ANN YVETTE WEBSITES, at any time and for any reason, including without limitation if ANN YVETTE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the ANN YVETTE WEBSITES will immediately cease. You agree that any termination of your access to or use of the ANN YVETTE WEBSITES may be effected without prior notice and that ANN YVETTE may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that ANN YVETTE shall not be liable to you or any third party for any termination of your access to the ANN YVETTE WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. ANN YVETTE reserves the right to takes steps that ANN YVETTE believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the ANN YVETTE WEBSITES and/or a third party claim that your use of the ANN YVETTE WEBSITES is unlawful or violates such third party's rights).
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on an ANN YVETTE WEBSITE infringe your copyright, you (or your agent) may send ANN YVETTE a notice requesting that ANN YVETTE remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send ANN YVETTE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to ANN YVETTE, BEST STORE LLC., 9 Glenwood Dr., Newark, DE 19702; email: CustomerService@ANNYVETTE.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that ANN YVETTE does not endorse, support or approve any of the products or services listed at such site.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the ANN YVETTE WEBSITES, please send an email to CustomerService@ANNYVETTE.com. You may also contact us by writing to ANN YVETTE, BEST STORE LLC., 9 Glenwood Dr., Newark, DE 19702.
This Agreement shall be governed by the laws of the State of Delaware, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the City of Newark, State of Delaware, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ANN YVETTE. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and ANN YVETTE relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ANN YVETTE relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any ANN YVETTE WEBSITE, by email, or by regular mail, at ANN YVETTE's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. |
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Terms & Conditions | Security & Privacy |
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