Terms and Conditions AGREEMENT BETWEEN USER AND PRIVÉ
The network of Web Sites (collectively, the "PRIVÉ Web Sites") operated
by PRIVÉ Products or its affiliates or subsidiaries ("PRIVÉ" or "PRIVÉ"),
is comprised of various Web sites and Web pages. The PRIVÉ Web Sites are offered
to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the PRIVÉ Web Sites constitutes your
agreement to all such terms, conditions, and notices. Your use of a particular
PRIVÉ website included within the PRIVÉ Web Sites network may also be subject
to additional terms outlined elsewhere on that website (the "Additional
Terms"). Additionally, the PRIVÉ Web Sites may themselves contain additional
terms that govern particular features or offers (for example, sweepstakes or
chat areas). In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines contained
within any particular PRIVÉ website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY
BEFORE USING THIS WEB SITE (this "Site"). By accessing
or using this Site, you agree to these terms of use, conditions and all applicable
laws. If you do not agree to these terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE.
PRIVÉ Products reserves the right to change the terms, conditions, and notices under
which the PRIVÉ Web Sites are offered, including but not limited to the charges
associated with the use of the PRIVÉ Web Sites. You are responsible for regularly
reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the PRIVÉ Web Sites are for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the PRIVÉ Web Sites.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard
copy portions of the material from the different areas of the Site solely for
your own noncommercial use, or to place an order with PRIVÉ Products or to purchase
PRIVÉ products. Any other use of materials on this Site, including but not
limited to the modification, reproduction, distribution, republication, display
or transmission of the content of this Site, without prior written permission
of PRIVÉ Products is strictly prohibited.
Harassment in any manner or form on the Site or any of the PRIVÉ Websites,
including via e-mail and chat or by obscene or abusive language is strictly
forbidden. Impersonation of others, including a PRIVÉ employee, host, or representative
or other members or visitors on the Site is prohibited. You may not upload
to, distribute, or otherwise publish through the Site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable, or which may constitute
or encourage a criminal offense, violate the rights of any party or otherwise
give rise to liability or violate any law. You may not upload commercial content
on the Site or use the Site to solicit others to join or become members of
any other commercial online service or other organization. Back to Top
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements thereof
is copyrighted as a collective work under the United States and other copyright
laws, and is the property of PRIVÉ Products. The collective work includes works that
are licensed to PRIVÉ Products. Copyright 2004, 2005. ALL RIGHTS RESERVED. All trademarks,
service marks, and trade names (collectively the "Marks") are trademarks
or registered trademarks of and are proprietary to PRIVÉ Products, or other respective
owners that have granted PRIVÉ Products the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the website's designated
agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE.
PRIVÉ Products respects the intellectual property of others, and we ask our users and
visitors to do the same. PRIVÉ Products will process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying with the DMCA, PRIVÉ Products will act to remove
or disable access to any material found to be infringing or found to be the
subject of infringing activity and will act to remove or disable access to
any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide PRIVÉ Products the following information. Please be advised
that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the Site;
4. your address, telephone number, and email address and all other information
reasonably sufficient to permit PRIVÉ Products to contact you;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to :
By mail:
PRIVÉ Products
Legal Department
7250 Beverly Blvd., Suite 100
Los Angeles, CA 90036
By fax: 323.931.9992
By Email: legal@priveproducts.com
(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEEDING INFORMATION IS PROVIDED EXCLUSIVELY
FOR NOTIFYING PRIVÉ PRODUCTS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS,
OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Back to Top
TYPOGRAPHICAL ERRORS.
In the event a PRIVÉ product or service is listed at an incorrect price due
to typographical error or error in pricing information received from our suppliers,
PRIVÉ Products shall have the right to refuse or cancel any orders placed for product
or service listed at the incorrect price. PRIVÉ Products shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the purchase
and your order is canceled, PRIVÉ Products shall issue a credit to your credit card
account in the amount of the incorrect price.
TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and conditions,
or any of them, may be modified or terminated by PRIVÉ without notice at any
time for any reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,
Arbitration and General, shall survive any termination.
USER PARTICIPATION.
PRIVÉ does not and cannot review all communications and materials posted to
or created by users accessing the Site and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user generated content
on the Site, PRIVÉ Products is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the Site. However, PRIVÉ Products reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
violates any law or regulation or (e) offensive or otherwise unacceptable to
PRIVÉ at its sole discretion. Note that any personally identifiable information
you may post or transmit will be treated by PRIVÉ Products in accordance with
PRIVÉ Products'
Privacy Statement .
USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you
under the guidelines established in our Privacy Statement,
any material, information or other communication you transmit,
upload or post to this Site ("Communications") will be considered
non-confidential and non-proprietary. PRIVÉ Products will have no obligations with respect
to the Communications. PRIVÉ Products and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all commercial
or noncommercial purposes.
USER CHAT ROOMS.
PRIVÉ Products may, but is not obligated to, monitor or review any areas on the Site
where users transmit or post Communications or communicate solely with each
other, including but not limited to chat rooms, bulletin boards or other user
forums, and the content of any such Communications. PRIVÉ Products, however, will have
no liability related to the content of any such Communications, whether or
not arising under the laws of copyright, trademarks, libel, privacy, obscenity,
or otherwise. Back to Top
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However,
even if the third party is affiliated with PRIVÉ Products, PRIVÉ Products has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of PRIVÉ Products. PRIVÉ Products has no responsibility or liability for
these independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites are only for
your convenience and therefore you access them at your own risk. Links do not
imply that PRIVÉ sponsors, endorses, is affiliated with or associated with,
or has been legally authorized to use any trademark, trade name, service mark,
design, logo, symbol or other copyrighted materials displayed on or accessible
through such External Sites. Nonetheless, PRIVÉ Products seeks to protect the integrity
of its Site and the links placed upon it and therefore requests any feedback
on not only its own Site, but for sites it links to as well (including if a
specific link does not work).You should contact the Site administrator or Webmaster
for those External Sites if you have any concerns regarding such links or the
content located on such External Sites.
CLAIMS.
Each claim or statement about the effectiveness of PRIVÉ products and/or each
claim or statement comparing the effectiveness of PRIVÉ products to the effectiveness
of other products is expressly limited to the United States, unless otherwise
disclosed on the Site.
DISCLAIMER.
PRIVÉ Products makes no warranties or representations about the accuracy or completeness
of this Site's content or the content of any site or External Sites.
PRIVÉ Products does not filter advertisements or other content that children may view
through our sites or "hot-linked" sites, and they could receive content
and materials from the Internet and/or advertising that are inappropriate for
children. We encourage parents and guardians to spend time online with their
children and to consider using electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIVÉ DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. PRIVÉ PRODUCTS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIVÉ PRODUCTS DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL PRIVÉ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF PRIVÉ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless PRIVÉ, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your Internet
account. Back to Top
APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to this Site (including but not limited
to the purchase of PRIVÉ products) shall be in the state or federal courts
located in Los Angeles, California. Any cause of action or claim you may have
with respect to the Site (including but not limited to the purchase of PRIVÉ
products) must be commenced within one (1) year after the claim or cause of
action arises. PRIVÉ Product's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and conditions.
PRIVÉ Products may assign its rights and duties under this Agreement to any party at
any time without notice to you.
PRIVÉ Products makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access this Site
from locations outside California do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use or export the materials
in violation of U.S. export laws and regulations. Any claim relating to the
materials shall be governed by the internal substantive laws of the State of
California.
ARBITRATION.
By using this Site, you agree that PRIVÉ Products, at its sole discretion, may require
you to submit any disputes arising from the use of this Site, or these Terms
and Conditions concerning or, including disputes arising from or concerning
their interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by one or more
arbitrators appointed in accordance with the said Rules. Notwithstanding these
rules, however, such proceeding shall be governed by the laws of the state
as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party
other than the direction to pay a monetary amount. Further, the arbitrator(s)
shall have no authority to award punitive, consequential or other damages not
measured by the prevailing party's actual damages in any arbitration initiated
under this section, except as may be required by statute.
GENERAL.
PRIVÉ Products may revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms because
they are binding on you. Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located on particular pages
at this Site. Back to Top
OUR ADDRESSES.
PRIVÉ Products
7250 Beverly Blvd., Suite 100
Los Angeles, CA 90036
United States
