TERMS & CONDITIONS
1. Acceptable Uses of Our Site
Our site is offered to you for your personal, non-commercial use only. You may not use our site to gather data or to obtain information about our other customers. You also may not use any of the intellectual property on our site without our permission, and you may not modify our site. If you use this site in any unauthorized way, your right to use the site terminates automatically.
2. Account and Security
You agree to provide accurate membership information to us. Your account is personal to you and you may not share your account. Please keep your account name and password confidential as you are responsible for any activities that occur under your account, whether or not you authorized the use. You should immediately notify us of any unauthorized use of your account. If someone else uses your account, we have the right to terminate the account for security purposes. In addition, we have the right to terminate your account for any reason.
Unless prohibited by law, we shall have no liability for losses, damages or charges arising from the unauthorized use of your account.
3. Transactions & Payments
We can change our prices at any time, but we will post price changes on the site. We have the right to reject, limit or cancel any order; but if we reject your order, we will try to notify you at the email address you provided.
If you use a credit card, debit card, or other form of payment, you represent that you are the authorized user of that form of payment, and that the billing information you provided is accurate. We, or a third party, may charge your card or other form of payment for any amounts (including any taxes and late fees) accrued by or in connection with your account. We can pursue any amounts you owe us, as well as all of the costs incurred in connection with the collection of such amounts. All purchases are subject to our Return Policy.
4. Carla Carstens Virtual Gift Cards
Purchases on a Virtual Gift Card will incur sales tax, if applicable. Delivery to a non-existent email address, or to an incorrect but deliverable e-mail address, is the sole responsibility of the purchaser. Any unused balance will be placed in the recipient’s virtual gift card account and is not transferable. If your order exceeds the amount of your virtual gift card you must pay for the balance with a credit card.
We may terminate this Agreement at any time for any reason. All provisions which by their nature should survive, shall continue in full force and effect upon any termination of this Agreement.
6. Representations and Warranties
You represent and warrant that you have the full authority to act on your behalf and that you are either (i) more than 18 years of age and are fully able and competent to enter into this agreement, or (ii) between the ages of 13 and 18 and have obtained parental consent prior to using our site. You represent and warrant that your use of our site shall be in compliance with any applicable law, rules and regulations.
UNLESS PROHIBITED BY LAW, YOUR USE OF THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR SOLE RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKE NO WARRANTY THAT (i) THE SITE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Indemnification, Limited Liability, Class Action Waiver
You indemnify and hold harmless, and upon our request defend, us and our directors, officers and employees from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on your unauthorized use of our site; illegal or improper use of your membership account; or your breach of any warranty, representation, covenant or obligation under this agreement. Notwithstanding the foregoing, you shall not be obligated to indemnify us for any act or omission of ours that constitutes negligence or breach of a duty imposed on us by applicable law. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this section 9. We will promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at our expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATIONS, AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, UNLESS PROHIBITED BY LAW IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY., UNLESS PROHIBITED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US PURSUANT TO THIS AGREEMENT DURING THE TERM OF YOUR MEMBERSHIP.
UNLESS PROHIBITED BY LAW, YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR WE ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND WE FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, US, AND ALL PARTIES TO ANY SUCH PROCEEDING.
TO THE EXTENT THAT ANY PROVISION OF THIS AGREEMENT VIOLATES A CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER UNDER NEW JERSEY LAW, SUCH PROVISION SHALL BE NULL, VOID AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
10. Applicable Law
This agreement and our relationship shall be governed by the internal law of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York.