TERMS & CONDITIONS:
The products and services available on the Site, and any samples that we may provide, are for personal use only, unless otherwise agreed to in writing. You may not sell and/or resell any of the services, products, and/or samples you receive unless otherwise agreed to in writing. We reserve the right, with or without notice, to cancel and/or reduce the quantity of any order to be filled and/or products or services to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. We make it a priority to be as accurate as possible when describing the products on the Site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information, and/or other content available are accurate, complete, reliable, current, and/or free of all errors. The following Terms and Conditions apply to all visitors, users, and others with access to the Site.
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation and organization thereof (collectively, the “Content”) is the sole property of Christian Audette, Inc. All Content is protected by United States laws, including but not limited to laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Use of Our Products and Services:
The products and services available on the Site, including but not limited to any samples provided, are for personal use only. All material and information presented by Christian Audette, Inc. is intended to be used for personal educational and/or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur for all individuals.
*The statements and products are not intended to diagnose, treat, cure, and/or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. It is the responsibility of the buyer to always check the ingredients for products to avoid potential allergic reactions. If a reaction did occur it is the responsibility of the buyer to stop use of the product.*
Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely used as an online store selling specialty beauty products. Please consult with your physician or health care practitioner regarding the use of any goods, products, or information received from the Site before using them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Christian Audette, Inc. does not give or intend to provide any answers to medical related questions. This Site does not replace any medical professional or other medical resource. Christian Audette, Inc. does not represent itself as a physician nor is this implied by using the Site and selling these products. No prescription medications or medical treatments are intentionally provided on the Site.
Your Obligations and Responsibilities:
By accessing and/or using this Site, all visitors, users, or those with any form of access shall comply with these Terms and Conditions and any other special warnings and/or instructions regarding access and/or use posted on the Site. You shall act always in accordance with the law and in good faith and fair dealing. You may not make any change and/or alter the Site and/or any Content and/or services on the Site and may not impair in any way the integrity and/or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all losses and damages this may cause to Christian Audette, Inc., our affiliates, partners, and/or licensors.
You may elect to register at our Site through a separate agreement. If you register, you must provide a username, password, and email to create the secure account. You are responsible for maintaining the confidentiality of your account, payment information, username, and password as well as restricting access to your computer or mobile device. You are responsible for keeping such information current, complete, accurate, and truthful. You agree to accept responsibility for all activities that occur through your account, username, and password. If you are accessing and/or using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use and/or access to the Site or Content. Access to some portions of this Site may only be permitted to Christian Audette, Inc. consultants with a personalized ID that Christian Audette, Inc. issues and a password. If you are not a consultant, then you do not have the same access to the Site and cannot obtain it in any other way.
Note, we are not responsible for the content of any off-website pages or any websites linked to or from our Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, and/or supplier. Linking to or from any off-website pages or other websites is at the user’s own risk. Christian Audette, Inc. is not responsible for examining or evaluating off-website pages, and we do not warrant the offerings of off-website pages or any other websites linked to or from the Site. We do not assume any responsibility or liability for the actions, content, products, and/or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You have the responsibility to carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Our privacy policies and terms and conditions do not apply to any other website than our Site.
We do not endorse or control the User Content transmitted and/or posted on the Site and therefore, do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable for any User Content, including, without limitation, any errors or omissions in any User Content, or any loss or damage incurred by you as a result of the use of User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site.
You acknowledge that we have the right, in our sole discretion, to refuse to post or remove any User Content. We reserve the right to change, condense, and/or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. We reserve the right to refuse service or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Representations and Warranties; Limitation of Liability:
The Site is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Site, including but not limited to warranties of merchantability and non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable whether in contract and/or tort, including negligence or otherwise, under any circumstances, for any interruption of business, access delays or access interruptions to the site, data non-delivery, mis-delivery, corruption, destruction or other modification, loss or damages of any inaccuracies or omissions in content or events beyond our reasonable control.
To the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, and/or consequential damages of any kind, including but not limited to lost profits related to the site or your use thereof regardless of the form of action whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or actions arising out of, or related to, the use of the Site or these Terms and Conditions may be brought by you more than one year after the cause of action relating to such claim or action unless otherwise permitted under applicable statute of limitations.
You agree to defend, indemnify, and hold us, our affiliates, officers, employees, agents, and licensors harmless for any loss, damages, claims, fines, penalties,and/or costs, including but not limited to reasonable attorneys’ fees resulting from any third party claim, action, and/or demand based on your (or anyone acting under your password and user name and/or other account information) use of the Site, any User Content made available on the Site, or breach of these Terms and Conditions. You agree to indemnify us for any loss, damages, and/or costs, including but not limited to reasonable attorneys’ fees resulting from your use of software robots, spiders, crawlers, and/or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on or harm to our infrastructure and overall Site.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Yorkstate. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, we may seek injunctive or other appropriate relief in any court. You must consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules prevailing through the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration regarding this Site shall be joined to arbitration involving any other party subject to this Site, whether through class arbitration proceedings or otherwise.
Consent to Receive Notices Electronically by Posting on the Site and Email:
You acknowledge and agree that these Terms and Conditions and any and all other legal notices and/or statements posted on the Site constitute the complete and exclusive agreement between us concerning your access and/or use of the Site, and supersede and govern all prior proposals, agreements, or other communications with the Site and/or Christian Audette, Inc.
Note, we reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and provide notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, ceasing all use of the Site. We also reserve the right at any time and from time to time to modify and/or discontinue, temporarily or permanently, the Site or any part thereof with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Rather, these Terms and Conditions shall be modified, to the best extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Effective Date: 3/1/2018