Welcome to LoriFabriziCosmetics.com (the “Website”). Lori Fabrizio Cosmetics Inc. and its parent, subsidiary and affiliated companies (“LFC”) maintains the Website and all of its features, materials and content for your personal entertainment, information and purchase of Lori Fabrizio products. Please feel free to browse the Website at any time. However, by browsing this Website, you are subject to these terms and conditions (the “Terms and Conditions” or this “Agreement”). By accessing this Website, you accept, without limitation or qualification, the following Terms and Conditions and agree to use the Website solely in accordance with this Agreement. If you do not accept the Terms and Conditions, please discontinue your use of this Website.
TERMS AND CONDITIONS
Use of Website
The Website is owned and operated by LFC. The Website and all of its materials, including but not limited to its software or HTML code, scripts, text, artwork, photographs, images, video and audio is the property of LFC and is protected by copyright, trademark, and other applicable laws. As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website in accordance with this Agreement. LFC may terminate this license at any time for any reason. LFC reserves the right to modify, add or discontinue any aspect, content, or feature of the Website at any time, in its sole discretion.
You may access this Website for your personal use only and not for commercial exploitation. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Website or any of its content without LFC’s express written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted in this Agreement. Any unauthorized use of this Website is prohibited.
You shall not distribute on or though this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of LFC.
Registration
The use of certain services on the Website may require registration for a user account (“User Account”). Should you choose to register, you agree to provide true, complete and accurate registration information (“Registration Information”). You are responsible for updating and maintaining the accuracy of Registration Information.
If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if LFC suspects that your Registration Information is untrue, inaccurate, or incomplete, LFC may, in its sole discretion, suspend, terminate, or refuse future access to the Website. Registration Information will be subject to LFC’s Privacy Policy. [hyperlink].
You are responsible for maintaining the secrecy and security of any personal or User Account information. You are responsible and liable for any conduct on the Website and any purchases made under your User Account. The Website is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify the Website immediately. [Hyperlink]
Unlawful Activity
LFC reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information.
Please report any violations of the Terms and Conditions or any suspected unlawful activity taking place on or in regard to the Website to us here. [Hyperlink]
Termination
This Agreement will terminate automatically and immediately if you fail to comply with its terms. LFC may, in its sole discretion, terminate your User Account or your access to the Website without prior notice and for any reason.
Termination of this Agreement or your access rights shall not affect any right or relief to which LFC may be entitled, at law or in equity. LFC reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular Internet or IP address to this Website. Disclaimer of Warranties
The content and materials available in or accessible through the Website are provided “as is” and “as available”. While LFC makes reasonable efforts to include up-to-date information in the Website, LFC makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. To the fullest extent permissible under applicable law, LFC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. LFC does not warrant that the functions contained in the Website will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the Website, including the storage services and their contents, or the server that makes them available, are free of viruses or other harmful components.
Transactions
If you wish to purchase a product or service on the Website (each such purchase 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 Website will be treated by LFC in accordance with this Agreement and our Privacy Policy [hyperlink]. 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.
LFC 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. The price and availability of any product or service offered through the Website are subject to change without notice, and LFC shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to LFC's refund and exchange policies currently in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website, 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.
The products and services available in or accessible through the Website are provided “as is” and “as available”. While LFC makes reasonable efforts to offer quality products and services, LFC makes no warranties or representations as to the quality or effectiveness of products or services available in or accessible through the Website. To the fullest extent permissible under applicable law, LFC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing.
LFC shall not be responsible or liable for any injury or illness or loss from the use of products or services purchased through the Website, including but not limited to allergies or adverse physical reactions. The total liability of LFC with regard to any products or services purchased through the Website is limited to the cost of the Transaction.
You agree to indemnify, defend and hold LFC and its partners, affiliates, officers, directors, owners, employees, agents, information providers, licensors, successors and assigns (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including legal fees) arising out of or related to your use of any products or services purchased through the Website.
Third Party Content
The Website may contain content from third parties, including but not limited to advertising and sponsorship materials, and may provide links to Internet Websites maintained by third parties (collectively “Third Party Content”). Moreover, certain Third Party Content may provide links to this Website. LFC neither operates nor controls in any respect the information, products or services contained in Third Party Content. The information and opinions contained in Third Party Content is neither endorsed by nor does it reflect the beliefs of LFC.
Access to any Third Party Content is at your own risk. LFC shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third Party Content. LFC shall not be responsible for and assumes no liability for any act or omission of any party submitting Third Party Content to the Website.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. LFC will not be responsible or liable for any loss and/or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Website.
Models
All of the models appearing on the Website are at least eighteen years of age. LFC makes no warranties or representations as to the age of models appearing in Third Party Content. LFC shall not be responsible for and assumes no liability whatsoever for any images appearing in Third Party Content.
Intellectual Property
The trademarks and logos (collectively the “Intellectual Property”) displayed on the Website are the property of LFC. Nothing contained on the Website should be construed as granting any license or right to use any Intellectual Property displayed on the Website without the written permission of LFC or such third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that LFC will aggressively enforce its intellectual property rights to the fullest extent of the law.
Responsibility for Minors
In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for the online conduct of such minor, controlling the minor's access to and use of the Website, and the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website or Third Party Content may contain material that is inappropriate for minors.
Limitation of Liability
Your use of the Website or materials linked from this Website is at your own risk. You assume full responsibility for implementing sufficient procedures and checks to satisfy your own requirements for the accuracy and suitability of the Website and for maintaining any means that you may require for the reconstruction of lost data. You acknowledge that your use of the Website and any information sent or received in connection therewith may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property. In no event shall LFC be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information, software, products and services advertised in or obtained through the Website, LFC's removal or deletion of any materials or records submitted or posted on the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if LFC had been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
Indemnification
You agree to indemnify, defend and hold the Indemnified Parties harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including legal fees) arising out of or related to your use of the Website or any violation of these Terms and Conditions.
Other Provisions
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Canada. Any dispute arising out of this Agreement shall be settled by the courts of Canada and you irrevocably submit to the exclusive jurisdiction of such courts.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable for any reason, then that provision shall be reformed only to the extent necessary to make it enforceable. Otherwise, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
LFC reserves the right to amend or update these Terms and Conditions at any time in its sole discretion, and without warning. Please review the Terms and Conditions periodically for updates. Your continued use of the Website shall constitute your binding acceptance of any such amendments.
Any failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms and Conditions will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
