effective: March 4, 2022
These Terms & Conditions (the “Agreement”) are a legal agreement between You (either an individual or an entity) and Covet & Mane LLC (“Covet & Mane”) regarding the use of Covet & Mane’s website and related websites (collectively “the Website”) and services and products offered through the Website which may include user or other documentation that is available “on-line” or in other modes of electronic form (the “Content”). As used in these Terms & Conditions, “we”, “us”, “our” means “Covet & Mane”.
Covet & Mane owns and operates this Website, and by visiting, accessing and using the Website, you consent to the Terms & Conditions of this Agreement. These Terms & Conditions apply to all users of the Website including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of Content.
Please read these Terms & Conditions carefully before using the Website. If you do not agree to these Terms & Conditions, do not access the Website or otherwise use the Products or Services. Additionally, a breach of this Agreement will result in immediate termination of any orders placed with Covet & Mane for products or services.
We reserve the right to update, change or replace any part of these Terms & Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.
If you reside in certain states in the United States, or outside of the United States, additional terms and conditions may applicable to you that either supplement or replace certain provisions in this Agreement. Please visit our Territories and International Addendum (INSERT HYPERLINK HERE) to see whether these additional terms and conditions apply to you.
These Terms & Conditions may be retained by you in electronic or printed form. Additionally, you may store or print any electronic transactions on the Website.
Section I – Acceptable Use.
- If you register an account with us, you are responsible for keeping your password and username confidential and for all activities that are carried out using them. You agree to notify us immediately by email to firstname.lastname@example.org if you become aware of or suspect any unauthorised use of your password or username.
- You agree that in using the Website that: (a) all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and (b) you will comply with the restrictions on your use of the Website as set out in these terms.
- You agree that in using the Website you will not: (a) use the Website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Website less efficient or violates applicable laws or regulations; (b) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures.
- You agree that in using the Website, you will not upload, post, transmit, install or otherwise make available any material or device that contains software viruses, malware, or malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment located on Covet & Mane’s ’s network or any third-party network;
- You agree that in using the Website, you will not use, monitor, copy, or harvest information and data from the Website, or Covet & Mane’s products and/or services, through the use of any automated means, including, but not limited to, deep-links, page scrapes, scripts, agents, robots, spiders or other automatic device, program, algorithm or similar methodology.
- You agree that in using the Website, you will not make commercial use of the Website or its contents in order to gain a competitive advantage, for marketing purposes (including, third-party solicitations); collect and use any product listings, descriptions, photographs or prices displayed on the Website in connection with competing with Covet & Mane or for other commercial purposes; or create, reproduce and/or distribute any materials derived from the content provided on this site;
- You agree that in using the Website, you will not attempt to gain unauthorized access to Covet & Mane’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
- You may not frame our Website nor may you create a link to any part of our Website other than the home page unless we give you written permission (which we may withdraw at any time).
Section III – Access.
- To access and use Covet & Mane’s products and services, you must register for a Covet & Mane account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.
- You agree that: (i) you are 18 years old, or (ii) you are at least the age of majority in the jurisdiction where you reside and from which you use Covet & Mane’s products or services.
- We reserve the right to suspend, restrict or terminate access to the Website at any time without notice.
- We endeavor to ensure that the Website is always available but do not guarantee that it will be available uninterrupted or error free. Additionally, we continually test new features, functionalities, products, services, and user interfaces that we are considering incorporating into or providing through the Website. We reserve the right to include or exclude you from these tests without notice.
- You are solely responsible for ensuring that your use of Covet & Mane’s Website complies with all laws, rules and regulations applicable to you. The right to access the Website is revoked where this Agreement or use of this Website is prohibited to the extent offering, sale or provision of services conflicts with any law, rule or regulation.
- We are not responsible if Content made available on the Website is not accurate, compete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Content is at your own risk.
- The Website may contain historical information which is not necessarily current and is provided for your reference only. We reserve the right to modify the Contents at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to our Website.
- You acknowledge that access to the Website will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Carrier Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Carrier Lines. Use of the Carrier Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
- The Content on the Website may contain occasional errors, inaccuracies, and/or omissions including, but not limited to, typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, and/or omissions, and to change or update information or cancel orders if any information in the Content (including Covet & Mane’s products and services), or on any related website, is inaccurate at any time without prior notice, including after you have placed your order. We undertake no obligation to update, amend or clarity Content on the Website or any related Website including, without limited to, pricing information except as required by law. No specified update or refresh date applied in the Content on the Website, or any related Website, should not be taken to indicate that all Content on the Website or on any related website has been modified or updated.
Section IV – Ownership.
- Covet & Mane is the owner or the licensee of all Website Content including, but not limited to, design, text, graphics and software. The Content is protected by the United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark or other laws. You have no rights in or to the Content.
- You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, reverse engineer, communicate to the public or distribute in any way the Content on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this Content for the purpose of viewing it, provided that no more than one copy of any information is made. Any use other than that permitted may only be undertaken with our prior express permission in writing.
- The trademarks, service marks and logos of Covet & Mane used and displayed on the Website are registered or unregistered trademarks of Covet & Mane (the “Marks”). Nothing on the Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without our prior, written consent specific for each such use. The Marks may not be used to disparage us or in any manner that may damage any goodwill in the Marks. All goodwill generated from the use of the Marks shall inure to our benefit.
Section V – DMCA Compliance.
- We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitute copyright infringement, or that your intellectual property rights have otherwise been violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement shall be emailed to: email@example.com with the Subject Line: “Takedown Request”. You may also try to contact us by mail at: Covet & Mane LLC, 56 Woodmont Road, Montclair, New Jersey 07043.
- To be effective, the Takedown Request must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property that you claim has been infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement made by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- If you believe that your user content that was removed or to which access was disabled is not infringing, or that you have authorization from the intellectual property owner, the owner’s agent, or pursuant to the law, to upload and use the content in your user content, you may send a written counter-notice (the “Counter-Notice”) containing the following information to: firstname.lastname@example.org with the Subject Line: “Takedown Request”. You may also try to contact us by mail at: Covet & Mane LLC, 56 Woodmont Road, Montclair, New Jersey 07043:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled as a result of mistake or misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a Counter-Notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the intellectual property owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the Counter-Notice, at our sole discretion.
- In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is repeat infringement.
Section VI – Payments; Billing and Continuous Subscription Services.
- You agree to provide accurate and up-to-date payment information at the time you order any product or services from Covet & Mane. When you make a purchase through the Website, you will provide your payment details and any additional information required to complete your order to us or any third-party payment processor retained by us. You should be aware that online payment transactions are subject to validation checks and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, we use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
- You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email. The Website may contain information regarding the availability of products and services. In rare cases, a product may be in stock or a service available when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some products for sale before they have been manufactured or arrive at our warehouse. When you preorder these products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
- Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order.
- Some of the products and services that we offer, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products or services. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) COVET & MANE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT email@example.com. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
- All orders of products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
Section VII – Ordering & Availability.
- We reserve the right to refuse any order placed with us.
- All descriptions of products and services, and the pricing thereof, are subject to change at any time without notice, at our sole discretion.
- We may, in our sole discretion, limit or cancel quantities purchased by purchaser or per order. These restrictions may include orders placed by the same purchaser, account, credit card or orders that use the same billing or shipping address. In the event that we make a change to the order, we may attempt to notify you by contacting the email and/or billing address or phone number provided by you at the time that the order was made.
- We reserve the right to suspend, restrict or terminate access to Covet & Mane’s products and services at any time without notice. We may, in our sole discretion, refuse to offer products or services to any person at any time or change our eligibility criteria at any time.
- We attempt to provide accurate descriptions of products and services on the Website including, but not limited to hair color and texture. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our products or services. Please review the promotion or offer for eligibility and other terms and conditions.
- Certain products or services may available exclusively through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We reserve the right to suspend, restrict, or limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to limit the quantities of any products or services that we offer.
- We reserve the right to discontinue any product or service at any time at our sole discretion.
- We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuation of any of Covet & Mane’s products or services.
- You agree that you will not use our products or services for any illegal or unauthorized purpose nor may you, in use of the products or services, violate any laws in your jurisdiction including, but not limited to, intellectual property laws.
- Any offer for any product or service on the Website is void where prohibited by law.
Section VIII – Shipping and Delivery.
- Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
- Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.
- The product(s) ordered will be at your risk from the time you receive the product(s). Ownership of the product(s) ordered will also pass to you upon your receipt of the product(s), provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.
- If any product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing to, giving your name, address and order reference. Nothing in this section affects your legal rights.
Section IX – Force Majure.
- Covet & Mane shall not be held liable or responsible to you nor be deemed to have defaulted on any agreement with or obligation to you for failure or delay in fulfilling or performing any obligation to you when such failure or delay is caused by or results from causes beyond the reasonable control of Covet & Mane including, but not limited to, fire, floods, embargoes, war, acts of war, civil unrest, insurrections, riots, strikes, lockouts, labor disturbances, pandemics, or Acts of God. Covet & Mane will use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.
Section X – User Content.
- With respect to any photos, submissions, and any content or other materials you provide to or upload through the Website or share with other Website users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
- The Website may pull content from our users who share photos and videos on Instagram or other social media websites and/or which use our brand names or hashtags, or which tag Covet & Mane. You acknowledge and agree that the User Content may be used in Covet & Mane’s showroom space, retail locations and emails and on the Website, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to our products and services and similar promotional purposes, including after your termination of your account or the services. You represent and warrant that the posting and use of your User Content, including to the extent that it includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
- If you send submissions to us or, without a request from us, send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or any other means, you agree that we may at any time without restriction, edit, copy, distribute, translate, and other use in any medium any submissions that you send to us.
- We are under no obligation to: (i) maintain any User Content in confidence; (ii) to pay any compensation for User Content; or (iii) respond to any User Content.
- We may, but have no obligation to monitor, edit, or remove User Content that we determine in our sole discretion may be false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate.
- By uploading any User Content you hereby grant and will grant Covet & Mane and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Website or the promotion, advertising or marketing of the products or services, in any form, medium or technology now known or later developed, and including after your termination of your Account. The foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any intellectual property rights or “moral” rights or claim resulting from our alteration of the User Content or any photos, submissions, footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Covet & Mane as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the products or services that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
- You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Covet & Mane, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Section XI – Third-Party Sites.
- The Website may contain links to third-party websites, services or other resources on the Internet, including but not limited to Facebook, Instagram, Twitter, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites. All complaints, claims, concerns or questions regarding External Sites and/or the products and services offered on such External Sites, should be directed to the administrator of the External Sites.
- Please remember that the manner in which social networking services use, store and disclose your information is governed solely by the policies of such social networking services, and we shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled on or offered through the Website. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. All complaints, claims, concerns or questions regarding social networking sites, and/or the products and services offered on such sites, should be directed to the administrator of the social networking site at issue.
- We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
Section XII – Optional Tools.
- We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
- You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
Section XIII – Termination.
- We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of products or services, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the products or services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
Section IX – Indemnification.
- You agree to indemnify, defend and hold harmless Covet & Mane and its directors, officers, employees, agents, successors and permitted assigns, from and against any and all Claims, Proceedings, and/or Damages directly or indirectly arising from, connected with or relating to: (i) your use of the Website; (ii) your purchase and/or use of our products or services; (iii) any negligence, misconduct, or breach of this Agreement by you; (iv) the actions of any person gaining access to the Website or Covet & Mane’s products and services under a user ID or other unique identifier assigned to You assigned to you; and/or (v) your negligence or willful misconduct. In this Agreement, “Claims” means claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal. “Damages” means any direct, indirect, incidental, special, consequential or exemplary damages, attorneys’ fees and/or court costs.
Section X – Disclaimer of Liability.
- We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
- You agree that from time to time we may remove the Website or certain Content thereof for indefinite periods of time, or cancel the products or services offered on the Website, at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Website or certain Content thereof, or the products or services offered on the Website, is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Covet & Mane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, related entities, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Website, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section XI – Severability and Complete Understanding.
- If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. Covet & Mane’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Covet & Mane and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties.
Section XII – Governing Law.
- These terms are governed by laws of the State of New York notwithstanding principles of conflicts of laws. It is only in the state or federal courts located in the State of New York in New York County that and you can bring legal proceedings in respect of the products or services in these court If such proceedings are permissible pursuant to Section XI of this Agreement.
Section XIII – Entire Agreement.
- Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Section XIV – Contact Information.
- Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service to the following address: Covet & Mane LLC, 28 Valley Road, Suite 1, Montclair, New Jersey 07042. Electronic notices should be sent to firstname.lastname@example.org.