Terms
Terms of Use Effective Date: July 7th, 2017
Pipes and Shaw LLC dba Veronica Beard (together with its affiliates, “We” or “Our” or “Us”) welcomes you to its web site for Veronica Beard (collectively all elements of the web site in all formats, the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE.
BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 14 HEREOF, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Use (these “Terms of Use”) constitute a binding agreement between Us and all users of the Site (“Users”, and you, as an individual user of the Site, “You” or “Your”) governing use of the Site, and all information and content made available to You (the “Materials”) through the Site.
Before using the Site, please read these Terms of Use carefully. If You do not accept and agree to these Terms of Use, You are prohibited from using the Site. Please note that these Terms of Use only apply to the Site.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site. Our Privacy Notice for the Site is available here (the “Privacy Notice”), and is incorporated by reference herein. If You have questions about these Terms of Use, please contact Us at customerservice@veronicabeard.com.
1. OWNERSHIP OF MATERIALS All rights, including without limitation, intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents), in the Materials (including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, profiles, button icons, images, software, programs, code, digital downloads, statistics, data compilations/analyses, and illustrations) are Our property or the property of their respective holders, who may or may not be affiliated with, connected to, or sponsored by Us. We retain all rights in the individual pages, and their components, any improvements or modifications thereto; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of the foregoing, including any collective works available through the Site. The Materials are protected by applicable intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, distributed, licensed or sold in any way, except as stated below. Our name, the Site, and the names and logos associated with these properties are Our intellectual property. All other names, trademarks and materials are the property of their respective holders. You shall not modify, license, publish, participate in the licensing, offering for sale or sale, create derivative works, or in any way exploit any of the Materials or other property interests of Ours, in whole or in part, except as expressly permitted under these Terms of Use, or unless expressly authorized to do so in writing by Us.
2. LICENSE We hereby grant You a non-exclusive, revocable, limited, non-transferable, non-sublicenseable license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization, individual or person, use the Site and access the Materials, subject to the conditions that (1) You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, commercialize, offer for sale, sell or transfer any Materials, information, products or services obtained or accessed via the Site unless the law otherwise provides or We give You prior written permission; (2) in no circumstance shall title to any Materials found on the Site be transferred to You by the function of this license; (3) You may not use the Site or any of its Materials for any purpose that is unlawful or to solicit the performance of any activity that infringes upon Our rights or the rights of others; and (4) the scope of the license granted to use the Site and Materials may be further modified or limited by Us, in Our sole discretion. Except for information necessary to place an order, You should not send Us any confidential or proprietary information through the Site, any of Our social media pages or by email. You should not send Us any such confidential information by any means other than through the secure ordering portion of the Site. Any information, materials, suggestions, ideas, concepts, methods, designs or comments (collectively, “Submissions”) otherwise sent by You to Us will be considered non-confidential, and, by virtue of Your submission, You hereby grant to Us the absolute, irrevocable, transferrable, sublicenseable right and license to use, modify, reproduce, transmit, display and distribute such Submissions for any purpose whatsoever, with no payment or other compensation due to You.
3. QUALIFICATION FOR USE AND ACCESS TO SITE To use the Site, You must be at least 18 years old. If You are under the age of 18, You may only use the Site with the involvement of a parent or guardian. The Site is not directed to children under the age of 13. We do not knowingly collect, use or disclose any User Information (as defined in the Privacy Notice) from children under 13 years of age. By using the Site, You represent and warrant that You are at least 18 years old. If We discover that a child under the age of 13 has provided the Site with User Information, We will take appropriate steps to delete this information. If You believe that We might have any User Information from a child under the age of 13, please contact us at customerservice@veronicabeard.com.
4. REGISTRATION In order to sign up to create an account on the Site (and to receive e-mail updates relating to Us and/or the Site (e.g., news, marketing)), You must provide Us with Your name and a valid, working e-mail address, and you must create a password to log in to Your account (individually and collectively, “User ID”). We are not liable for any harm related to the theft of Your User ID or Your authorization to allow another person or entity to access and use the Site using Your User ID. You agree to indemnify Us for any claims, damages, losses and liabilities that may be incurred or suffered by any party, including but not limited to Us and other Users, as a result of Your submission to Us of Your User ID, or Your failure to maintain the integrity of Your User ID.
5. ITEM DESCRIPTIONS AND AVAILABILITY We attempt to be as accurate as possible when describing and displaying products on the Site. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Site or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service. FOR THESE REASONS AND OTHERS, WE DO NOT AND CAN NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY.
6. ORDERS AND SHIPMENT Nothing on the Site constitutes a binding offer to sell any products described on the Site or to make such products available to You or in Your area. We reserve the right at any time after receipt of Your order to accept, decline or modify Your order, or any portion thereof, in Our sole discretion, even after Your receipt of an order confirmation or after Your payment card has been charged. The prices displayed on the Site are quoted in U.S. Dollars and must be paid in U.S. Dollars. In the event any product is listed at an incorrect price on the Site, We reserve the right to refuse or cancel orders placed for such product, regardless of whether the order has been confirmed or Your payment card has been charged. If Your payment card has already been charged for the purchase and Your order is canceled, We will issue a credit to Your payment card account that was used to place the cancelled order.
You agree to pay all applicable taxes and shipping costs. Orders will be shipped to the address designated by You as long as that shipping address is compliant with the restrictions and requirements contained on the Site, which may be updated from time to time. All purchases from the Site are made pursuant to these Terms of Use, the Privacy Notice, Our Shipping Policy, Returns & Exchanges Policy, and any additional terms and conditions set forth on the Site or at the time of purchase which are hereby incorporated into and made a part of these Terms and Conditions. Our Shipping Policy, Returns & Exchanges Policy and additional customer care information for the Site are available at: Shipping and Returns. Risk of loss and title for items purchased from the Site shall pass to You upon Our delivery of the items to the carrier. In the event of any lost and/or damaged shipments, You are solely responsible for filing any claims with carriers relating to the same.
With respect to international shipments, You hereby authorize International Checkout and/or its service providers to act as Your agent to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on Your behalf, including, but not limited to, arranging for the importation of each commodity ordered by You, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. You further authorize the customs brokers and/or freight forwarders selected by International Checkout to make, endorse, sign, declare and/or swear to any customs entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the importation and/or transportation of the commodity that is shipped or consigned to You or Your designee for shipment out of the United States and into any other country. You understand, and agree, that cost quotes are best estimates and may not always reflect the actual cost to International Checkout. You will incur no additional charges or refunds for the difference between the quotes and the actual cost to International Checkout. International Checkout’s services are intended for merchandise that is not being delivered for resale purposes.
7. GENERAL DISCLAIMERS THE SITE, ANY SERVICES, INFORMATION AND MATERIALS PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR REPSECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS, OR (2) RELIANCE ON THE SITE OR MATERIALS, OR (3) ERRORS, INACCURACIES OR OMISSIONS IN ANY MATERIALS AVAILABLE ON THE SITE, DEFECTS IN THE SITE, UNTIMELINESS, SECURITY BREACHES OR DISCLOSURES OF INFORMATION COLLECTED THROUGH THE SITE, OR (4) INFORMATION COMMUNICATED THROUGH PROFILES, FORUMS, BLOGS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS, IF OR WHEN SUCH FUNCTIONS ARE MADE AVAILABLE, OR (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE, OR (6) ANY UNAUTHORIZED DISCLOSURE OF USER INFORMATION OR OTHER INFORMATION (AS SUCH TERM IS DEFINED IN THE PRIVACY NOTICE) OR OTHER COMMUNICATIONS, OR (7) ANY OTHER GROSS FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH WE CONDUCT BUSINESS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.
MOREOVER, WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US, AND OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR REPSECTIVE SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR CURRENT OR FUTURE PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS OR AGENTS, NOR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS. WE MAY MAKE CHANGES TO THE MATERIALS, OR TO THE SITE OR TO THE SERVICES AND/OR PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. ANY DESCRIPTION OF MATERIALS IS NOT A REPRESENTATION THAT ANY SUCH MATERIALS ARE AVAILABLE FOR USE, SALE OR DISTRIBUTION IN YOUR LOCATION.
8. LIMITATION OF LIABILITY IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $10.00. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU. CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PRODUCT YOU ORDER OR PURCHASE FROM US OR IF YOU RECEIVE LATE DELIVERY OF A PRODUCT, YOUR SOLE REMEDY IS TO RETURN THE UNUSED PRODUCT, WITH ALL TAGS STILL AFFIXED TO IT, IN GOOD/RESALEABLE CONDITION TO US FOR A FULL REFUND. IN THE EVENT THAT ANY SUCH PRODUCT IS RETURNED TO US USED, WITHOUT ALL TAGS STILL AFFIXED TO IT, OR IN ANYTHING OTHER THAN GOOD/RESALEABLE CONDITION, WE RESERVE THE RIGHT TO NOT PROVIDE YOU WITH ANY REFUND FOR SUCH PRODUCT.
9. INDEMNITY You agree to defend, indemnify and hold Us, Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns, harmless against any and all claims, losses, expenses, liabilities, costs or damages (including Our reasonable attorneys’ fees, expert fees and other reasonable costs of litigation, including those incurred in the enforcement of these Terms of Use and any provision hereof) arising from, incurred as a result of, or in any manner related to (1) Your breach of any provision of these Terms of Use, (2) Your misuse of the Site and/or the Materials (including, without limitation, Your unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Materials), (3) the misuse of the Site by any other person or entity using any of Your User ID, User Information or Other Information (including, without limitation, the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person or entity using any of Your User ID, User Information or Other Information), (4) any communications or content provided to Us or made via the Site by You or by any other person or entity using Your User ID, or (5) Your violation of any third party’s rights.
10. COOPERATION WITH GOVERNMENT AUTHORITIES If appropriate and in accordance with applicable law, We will cooperate with local, state, federal, international and/or worldwide government authorities to protect Users, the Site, Us and Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns in order to: (1) prevent unauthorized use of the Site; and/or (2) comply with any requirements of law or judicial process that are applicable to Us.
11. LINKS TO OTHER MATERIALS Other websites, profiles, materials or other locations that may be linked (including embedded content and forms) to or from, the Site are not necessarily under Our control and We are not responsible for, nor do We certify, or make any representations or warranties about, the content of any linked site or any link contained in a non-affiliated linked site. We reserve the right to terminate any link or linking program at any time. The inclusion or omission of links on the Site is not intended to endorse any particular companies or products. If You decide to access any third party sites linked from the Site, You do so entirely at Your own risk, and the linked website’s posted privacy policy (not our Privacy Notice) will govern the collection and use of your information on it. Any links to any portion of the Site shall be the responsibility of the linking party, and We shall not be responsible for notification of any change in name or location of any information of the Site. We reserve the right to request any web site administrator to disable or remove any link that violates any rights of Ours or causes interruption or deterioration of Materials provided by Us.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT We have adopted the following policy toward copyright infringement on the Site in accordance with the Digital Millennium Copyright Act (“DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our copyright agent the written information specified below: • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Us that your copyrighted material has been infringed. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Veronica Beard 26 West 17th Street, Suite 301 New York, NY 10011 Attn: Copyright Agent
If You believe You are the wrongful subject of a DMCA notification, You may file a counter-notification with Us by providing the following information to Our copyright agent at the address above: • The specific URLs of material that We have removed or to which We have disabled access; • Your name, address, telephone number, and email address; • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; • Your signature.
Upon receipt of a valid counter-notification, We will forward it to the party who submitted the original DMCA notification. The party who submitted the original DMCA notification (or the copyright holder he or she represents) will then have ten (10) days to notify Us that he or she has filed legal action relating to the allegedly infringing material. If We do not receive any such notification within ten (10) days, We may restore the material to the Sites.
13. APPLICABLE LAWS These Terms of Use shall be governed by the laws in effect in the state of New York, United States, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, we make no representation that Materials on the Site are appropriate or available for use in other locations, and access to the Site and/or the Materials from territories where their content is illegal is prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws, rules and regulations. You may not use or export the Materials in violation of United States export laws or regulations.
14. DISPUTE RESOLUTION Any dispute between Us and You arising out of these Terms of Use shall be resolved first by direct communication with one or more of Our management team members. Should We and You be unable to resolve the dispute by communication and both You and We jointly agree to do so, We or You may submit any dispute arising out of or relating to these Terms of Use, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association in New York County, New York, United States. The arbitrator shall fully implement the intent and purposes of these Terms of Use and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT, AND WAIVE YOUR RIGHT TO PROCEED BEFORE A JURY. YOU AGREE THAT ARBITRATION UNDER THIS PROVISION SHALL BE SOLELY BETWEEN US AND YOU ON AN INVIDIVUAL BASIS AND THERE CAN BE NO CLASS OR OTHER REPRESENTATIVE ARBITRATION. THIS MEANS THAT YOU SHALL HAVE NO RIGHT TO REPRESENT ANYONE OTHER THAN YOURSELF IN ANY ARBITRATION.
15. TERMINATION Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of these Terms of Use. We may terminate these Terms of Use and/or Your right to access your account or use the Site at any time, with or without cause. Upon termination, You shall immediately destroy all Materials in Your possession, if any, and cease use of the Site. You are liable for any orders that you place or charges that you incur prior to termination. We reserve the right, in Our sole discretion, to discontinue or make changes to the Site and/or Materials at any time. All provisions of these Terms of Use, which by their nature, would address matters that might arise at a date subsequent to the expiration or termination of these Terms of Use, shall survive such expiration or termination.
16. ASSIGNMENT We may assign these Terms of Use, in whole or in part, in Our sole discretion. You may not assign any of Your rights under these Terms of Use without Our prior written permission. Any attempt by You to assign any of Your rights under these Terms of Use without Our permission shall be null and void and non-binding on Us.
17. WAIVER OF BREACH Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.
18. FORCE MAJEURE We shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Us to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Our control.
19. NOTICE You agree that, where We are required to provide You with notice under these Terms of Use, acceptable and sufficient forms of notice include, but are not necessarily limited to, e-mail to the most recent User ID that You have provided to Us, regardless of the current status of that e-mail address. You accept sole responsibility for providing Us with notice of changes to Your User ID. Except as otherwise set forth above, You may give notice to Us at any time via electronic mail to customerservice@veronicabeard.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Veronica Beard 26 West 17th Street, Suite 301 New York, NY 10011 Attn: E-Commerce Director
20. NOTICE FOR CALIFORNIA RESIDENTS 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 Site, please send an email to customerservice@veronicabeard.com. You may also contact us by writing to the address set forth in Section 19, or by calling us at: 646-350-2575. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. HEADINGS The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.
22. INVALIDITY If any provision of these Terms of Use shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
23. ENTIRE AGREEMENT; CHANGES TO THESE TERMS OF USE These Terms of Use, including the Privacy Notice, and any other policy of Ours which is incorporated herein by reference, contain the entire agreement between You and Us relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (1) any form originated by You relating to the subject matter hereof, or (2) written or oral statements of any of Our employees, except as might be embodied in approved amendments to these Terms of Use, as described below.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site.
YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE AND ANY UPDATES TO THESE TERMS OF USE.
Pipes and Shaw LLC dba Veronica Beard (together with its affiliates, “We” or “Our” or “Us”) welcomes you to its web site for Veronica Beard (collectively all elements of the web site in all formats, the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE.
BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 14 HEREOF, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Use (these “Terms of Use”) constitute a binding agreement between Us and all users of the Site (“Users”, and you, as an individual user of the Site, “You” or “Your”) governing use of the Site, and all information and content made available to You (the “Materials”) through the Site.
Before using the Site, please read these Terms of Use carefully. If You do not accept and agree to these Terms of Use, You are prohibited from using the Site. Please note that these Terms of Use only apply to the Site.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site. Our Privacy Notice for the Site is available here (the “Privacy Notice”), and is incorporated by reference herein. If You have questions about these Terms of Use, please contact Us at customerservice@veronicabeard.com.
1. OWNERSHIP OF MATERIALS All rights, including without limitation, intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents), in the Materials (including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, profiles, button icons, images, software, programs, code, digital downloads, statistics, data compilations/analyses, and illustrations) are Our property or the property of their respective holders, who may or may not be affiliated with, connected to, or sponsored by Us. We retain all rights in the individual pages, and their components, any improvements or modifications thereto; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of the foregoing, including any collective works available through the Site. The Materials are protected by applicable intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, distributed, licensed or sold in any way, except as stated below. Our name, the Site, and the names and logos associated with these properties are Our intellectual property. All other names, trademarks and materials are the property of their respective holders. You shall not modify, license, publish, participate in the licensing, offering for sale or sale, create derivative works, or in any way exploit any of the Materials or other property interests of Ours, in whole or in part, except as expressly permitted under these Terms of Use, or unless expressly authorized to do so in writing by Us.
2. LICENSE We hereby grant You a non-exclusive, revocable, limited, non-transferable, non-sublicenseable license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization, individual or person, use the Site and access the Materials, subject to the conditions that (1) You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, commercialize, offer for sale, sell or transfer any Materials, information, products or services obtained or accessed via the Site unless the law otherwise provides or We give You prior written permission; (2) in no circumstance shall title to any Materials found on the Site be transferred to You by the function of this license; (3) You may not use the Site or any of its Materials for any purpose that is unlawful or to solicit the performance of any activity that infringes upon Our rights or the rights of others; and (4) the scope of the license granted to use the Site and Materials may be further modified or limited by Us, in Our sole discretion. Except for information necessary to place an order, You should not send Us any confidential or proprietary information through the Site, any of Our social media pages or by email. You should not send Us any such confidential information by any means other than through the secure ordering portion of the Site. Any information, materials, suggestions, ideas, concepts, methods, designs or comments (collectively, “Submissions”) otherwise sent by You to Us will be considered non-confidential, and, by virtue of Your submission, You hereby grant to Us the absolute, irrevocable, transferrable, sublicenseable right and license to use, modify, reproduce, transmit, display and distribute such Submissions for any purpose whatsoever, with no payment or other compensation due to You.
3. QUALIFICATION FOR USE AND ACCESS TO SITE To use the Site, You must be at least 18 years old. If You are under the age of 18, You may only use the Site with the involvement of a parent or guardian. The Site is not directed to children under the age of 13. We do not knowingly collect, use or disclose any User Information (as defined in the Privacy Notice) from children under 13 years of age. By using the Site, You represent and warrant that You are at least 18 years old. If We discover that a child under the age of 13 has provided the Site with User Information, We will take appropriate steps to delete this information. If You believe that We might have any User Information from a child under the age of 13, please contact us at customerservice@veronicabeard.com.
4. REGISTRATION In order to sign up to create an account on the Site (and to receive e-mail updates relating to Us and/or the Site (e.g., news, marketing)), You must provide Us with Your name and a valid, working e-mail address, and you must create a password to log in to Your account (individually and collectively, “User ID”). We are not liable for any harm related to the theft of Your User ID or Your authorization to allow another person or entity to access and use the Site using Your User ID. You agree to indemnify Us for any claims, damages, losses and liabilities that may be incurred or suffered by any party, including but not limited to Us and other Users, as a result of Your submission to Us of Your User ID, or Your failure to maintain the integrity of Your User ID.
5. ITEM DESCRIPTIONS AND AVAILABILITY We attempt to be as accurate as possible when describing and displaying products on the Site. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Site or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service. FOR THESE REASONS AND OTHERS, WE DO NOT AND CAN NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY.
6. ORDERS AND SHIPMENT Nothing on the Site constitutes a binding offer to sell any products described on the Site or to make such products available to You or in Your area. We reserve the right at any time after receipt of Your order to accept, decline or modify Your order, or any portion thereof, in Our sole discretion, even after Your receipt of an order confirmation or after Your payment card has been charged. The prices displayed on the Site are quoted in U.S. Dollars and must be paid in U.S. Dollars. In the event any product is listed at an incorrect price on the Site, We reserve the right to refuse or cancel orders placed for such product, regardless of whether the order has been confirmed or Your payment card has been charged. If Your payment card has already been charged for the purchase and Your order is canceled, We will issue a credit to Your payment card account that was used to place the cancelled order.
You agree to pay all applicable taxes and shipping costs. Orders will be shipped to the address designated by You as long as that shipping address is compliant with the restrictions and requirements contained on the Site, which may be updated from time to time. All purchases from the Site are made pursuant to these Terms of Use, the Privacy Notice, Our Shipping Policy, Returns & Exchanges Policy, and any additional terms and conditions set forth on the Site or at the time of purchase which are hereby incorporated into and made a part of these Terms and Conditions. Our Shipping Policy, Returns & Exchanges Policy and additional customer care information for the Site are available at: Shipping and Returns. Risk of loss and title for items purchased from the Site shall pass to You upon Our delivery of the items to the carrier. In the event of any lost and/or damaged shipments, You are solely responsible for filing any claims with carriers relating to the same.
With respect to international shipments, You hereby authorize International Checkout and/or its service providers to act as Your agent to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on Your behalf, including, but not limited to, arranging for the importation of each commodity ordered by You, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. You further authorize the customs brokers and/or freight forwarders selected by International Checkout to make, endorse, sign, declare and/or swear to any customs entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the importation and/or transportation of the commodity that is shipped or consigned to You or Your designee for shipment out of the United States and into any other country. You understand, and agree, that cost quotes are best estimates and may not always reflect the actual cost to International Checkout. You will incur no additional charges or refunds for the difference between the quotes and the actual cost to International Checkout. International Checkout’s services are intended for merchandise that is not being delivered for resale purposes.
7. GENERAL DISCLAIMERS THE SITE, ANY SERVICES, INFORMATION AND MATERIALS PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR REPSECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS, OR (2) RELIANCE ON THE SITE OR MATERIALS, OR (3) ERRORS, INACCURACIES OR OMISSIONS IN ANY MATERIALS AVAILABLE ON THE SITE, DEFECTS IN THE SITE, UNTIMELINESS, SECURITY BREACHES OR DISCLOSURES OF INFORMATION COLLECTED THROUGH THE SITE, OR (4) INFORMATION COMMUNICATED THROUGH PROFILES, FORUMS, BLOGS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS, IF OR WHEN SUCH FUNCTIONS ARE MADE AVAILABLE, OR (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE, OR (6) ANY UNAUTHORIZED DISCLOSURE OF USER INFORMATION OR OTHER INFORMATION (AS SUCH TERM IS DEFINED IN THE PRIVACY NOTICE) OR OTHER COMMUNICATIONS, OR (7) ANY OTHER GROSS FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH WE CONDUCT BUSINESS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.
MOREOVER, WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US, AND OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR REPSECTIVE SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR CURRENT OR FUTURE PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS OR AGENTS, NOR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS. WE MAY MAKE CHANGES TO THE MATERIALS, OR TO THE SITE OR TO THE SERVICES AND/OR PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. ANY DESCRIPTION OF MATERIALS IS NOT A REPRESENTATION THAT ANY SUCH MATERIALS ARE AVAILABLE FOR USE, SALE OR DISTRIBUTION IN YOUR LOCATION.
8. LIMITATION OF LIABILITY IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $10.00. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU. CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PRODUCT YOU ORDER OR PURCHASE FROM US OR IF YOU RECEIVE LATE DELIVERY OF A PRODUCT, YOUR SOLE REMEDY IS TO RETURN THE UNUSED PRODUCT, WITH ALL TAGS STILL AFFIXED TO IT, IN GOOD/RESALEABLE CONDITION TO US FOR A FULL REFUND. IN THE EVENT THAT ANY SUCH PRODUCT IS RETURNED TO US USED, WITHOUT ALL TAGS STILL AFFIXED TO IT, OR IN ANYTHING OTHER THAN GOOD/RESALEABLE CONDITION, WE RESERVE THE RIGHT TO NOT PROVIDE YOU WITH ANY REFUND FOR SUCH PRODUCT.
9. INDEMNITY You agree to defend, indemnify and hold Us, Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns, harmless against any and all claims, losses, expenses, liabilities, costs or damages (including Our reasonable attorneys’ fees, expert fees and other reasonable costs of litigation, including those incurred in the enforcement of these Terms of Use and any provision hereof) arising from, incurred as a result of, or in any manner related to (1) Your breach of any provision of these Terms of Use, (2) Your misuse of the Site and/or the Materials (including, without limitation, Your unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Materials), (3) the misuse of the Site by any other person or entity using any of Your User ID, User Information or Other Information (including, without limitation, the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person or entity using any of Your User ID, User Information or Other Information), (4) any communications or content provided to Us or made via the Site by You or by any other person or entity using Your User ID, or (5) Your violation of any third party’s rights.
10. COOPERATION WITH GOVERNMENT AUTHORITIES If appropriate and in accordance with applicable law, We will cooperate with local, state, federal, international and/or worldwide government authorities to protect Users, the Site, Us and Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns in order to: (1) prevent unauthorized use of the Site; and/or (2) comply with any requirements of law or judicial process that are applicable to Us.
11. LINKS TO OTHER MATERIALS Other websites, profiles, materials or other locations that may be linked (including embedded content and forms) to or from, the Site are not necessarily under Our control and We are not responsible for, nor do We certify, or make any representations or warranties about, the content of any linked site or any link contained in a non-affiliated linked site. We reserve the right to terminate any link or linking program at any time. The inclusion or omission of links on the Site is not intended to endorse any particular companies or products. If You decide to access any third party sites linked from the Site, You do so entirely at Your own risk, and the linked website’s posted privacy policy (not our Privacy Notice) will govern the collection and use of your information on it. Any links to any portion of the Site shall be the responsibility of the linking party, and We shall not be responsible for notification of any change in name or location of any information of the Site. We reserve the right to request any web site administrator to disable or remove any link that violates any rights of Ours or causes interruption or deterioration of Materials provided by Us.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT We have adopted the following policy toward copyright infringement on the Site in accordance with the Digital Millennium Copyright Act (“DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our copyright agent the written information specified below: • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Us that your copyrighted material has been infringed. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Veronica Beard 26 West 17th Street, Suite 301 New York, NY 10011 Attn: Copyright Agent
If You believe You are the wrongful subject of a DMCA notification, You may file a counter-notification with Us by providing the following information to Our copyright agent at the address above: • The specific URLs of material that We have removed or to which We have disabled access; • Your name, address, telephone number, and email address; • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; • Your signature.
Upon receipt of a valid counter-notification, We will forward it to the party who submitted the original DMCA notification. The party who submitted the original DMCA notification (or the copyright holder he or she represents) will then have ten (10) days to notify Us that he or she has filed legal action relating to the allegedly infringing material. If We do not receive any such notification within ten (10) days, We may restore the material to the Sites.
13. APPLICABLE LAWS These Terms of Use shall be governed by the laws in effect in the state of New York, United States, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, we make no representation that Materials on the Site are appropriate or available for use in other locations, and access to the Site and/or the Materials from territories where their content is illegal is prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws, rules and regulations. You may not use or export the Materials in violation of United States export laws or regulations.
14. DISPUTE RESOLUTION Any dispute between Us and You arising out of these Terms of Use shall be resolved first by direct communication with one or more of Our management team members. Should We and You be unable to resolve the dispute by communication and both You and We jointly agree to do so, We or You may submit any dispute arising out of or relating to these Terms of Use, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association in New York County, New York, United States. The arbitrator shall fully implement the intent and purposes of these Terms of Use and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT, AND WAIVE YOUR RIGHT TO PROCEED BEFORE A JURY. YOU AGREE THAT ARBITRATION UNDER THIS PROVISION SHALL BE SOLELY BETWEEN US AND YOU ON AN INVIDIVUAL BASIS AND THERE CAN BE NO CLASS OR OTHER REPRESENTATIVE ARBITRATION. THIS MEANS THAT YOU SHALL HAVE NO RIGHT TO REPRESENT ANYONE OTHER THAN YOURSELF IN ANY ARBITRATION.
15. TERMINATION Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of these Terms of Use. We may terminate these Terms of Use and/or Your right to access your account or use the Site at any time, with or without cause. Upon termination, You shall immediately destroy all Materials in Your possession, if any, and cease use of the Site. You are liable for any orders that you place or charges that you incur prior to termination. We reserve the right, in Our sole discretion, to discontinue or make changes to the Site and/or Materials at any time. All provisions of these Terms of Use, which by their nature, would address matters that might arise at a date subsequent to the expiration or termination of these Terms of Use, shall survive such expiration or termination.
16. ASSIGNMENT We may assign these Terms of Use, in whole or in part, in Our sole discretion. You may not assign any of Your rights under these Terms of Use without Our prior written permission. Any attempt by You to assign any of Your rights under these Terms of Use without Our permission shall be null and void and non-binding on Us.
17. WAIVER OF BREACH Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.
18. FORCE MAJEURE We shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Us to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Our control.
19. NOTICE You agree that, where We are required to provide You with notice under these Terms of Use, acceptable and sufficient forms of notice include, but are not necessarily limited to, e-mail to the most recent User ID that You have provided to Us, regardless of the current status of that e-mail address. You accept sole responsibility for providing Us with notice of changes to Your User ID. Except as otherwise set forth above, You may give notice to Us at any time via electronic mail to customerservice@veronicabeard.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Veronica Beard 26 West 17th Street, Suite 301 New York, NY 10011 Attn: E-Commerce Director
20. NOTICE FOR CALIFORNIA RESIDENTS 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 Site, please send an email to customerservice@veronicabeard.com. You may also contact us by writing to the address set forth in Section 19, or by calling us at: 646-350-2575. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. HEADINGS The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.
22. INVALIDITY If any provision of these Terms of Use shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
23. ENTIRE AGREEMENT; CHANGES TO THESE TERMS OF USE These Terms of Use, including the Privacy Notice, and any other policy of Ours which is incorporated herein by reference, contain the entire agreement between You and Us relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (1) any form originated by You relating to the subject matter hereof, or (2) written or oral statements of any of Our employees, except as might be embodied in approved amendments to these Terms of Use, as described below.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site.
YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE AND ANY UPDATES TO THESE TERMS OF USE.