terms and conditions of use
Welcome to the janeiredale.com website (this “Site). Please review the following basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by the terms and conditions set forth below (this “Agreement”).
We may from time to time change the terms that govern your use of this Site without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or add to, this Site from time to time without prior notice.
License to Use Site
Iredale Mineral Cosmetics, Ltd. (“IMC”) grants you a personal, limited, non-exclusive and revocable license (the “License”) to access and make personal use of this Site. You may not download from (other than page caching) or modify this Site. The License does not include the right to any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site (or any portion of this site) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of IMC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of IMC (including images, text, page layout, or form) without the express written consent of IMC. You may not use any meta tags, meta names or any other "hidden text" utilizing IMC’s name or trademarks without the express written consent of IMC. Any unauthorized use of this Site terminates the License.
When you visit janeiredale.com or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of IMC or its content suppliers and protected by United States and international copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this Site is the exclusive property of IMC and is also protected by United States and international copyright laws. The content on this Site may be used by you as a personal shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited. IMC maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringement. This Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by IMC.
“janeiredale” and other marks used on this Site are trademarks of IMC in the United States and other countries. In addition, all graphics, logos, page headers, button icons, scripts, and service names appearing on this Site are trademarks and/or trade dress of IMC to the full extent allowed by law. IMC’s trademarks and trade dress may not be used in connection with a third party’s product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or dilutes the strength of IMC’s trademarks. Trademarks not owned by IMC that appear on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party.
User Reviews, Comments, Feedback and Other Submissions
All information, reviews, ideas, comments, suggestions or other communications that you transmit to IMC concerning the materials contained in this Site or the products offered by this Site shall be on a non-confidential basis. IMC shall be free to reproduce, use, disclose and distribute such communications without limitation or obligation.
Sweepstakes, Contests and Similar Promotions
Any sweepstakes, contest or similar promotion made available through this Site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Please read the applicable rules for such sweepstakes, contest or promotion.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. If a product offered by janeiredale.com is not as described, your sole remedy is to return it in its unused condition for a refund.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY IMC ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THIS SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT BY IMC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. IN NO EVENT SHALL IMC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE INFORMATION ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIAIBLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF IMC AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
The information provided by this Site is intended solely for informational purposes and is not intended to be used for medical diagnostic purposes or to serve as a recommendation for treatment and/or management of any medical condition. Information on this Site should not be used in place of consultation with a physician or other qualified health provider.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this Site only with involvement of a parent or guardian. IMC reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at its sole discretion.
Governing Law; Disputes
This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the Commonwealth of Massachusetts.
This Agreement is effective unless and until terminated by either you or IMC. You may terminate this Agreement at any time provided that you discontinue any further use of this Site. IMC also may terminate this Agreement at any time, and may deny you access to the Site if in IMC’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or IMC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.