Terms of service
BY USING OR ACCESSING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS, WHICH ARE AVAILABLE VIA A HYPERLINK ON OUR WEBSITE. YOUR USE OF OUR WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING ANY UPDATES OR MODIFICATIONS TO THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE OR SERVICES.
WEBSITE USE
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES AND PHOTOGRAPHY ARE THE PROPERTY OF PERFUMARIE, INC. NO USE OF THESE MAY BE MADE WITHOUT THE PRIOR WRITTEN CONSENT FROM PERFUMARIE, INC. THE LOGO, DESIGNS, ADVERTISEMENTS, AND PHOTOGRAPHIC IMAGES DESCRIBED OR DISPLAYED ON THE SITE ARE THE INTELLECTUAL PROPERTY OF PERFUMARIE, INC. AND MAY NOT BE USED WITHOUT PERMISSION.
DISCLAIMER
BY USING THIS SITE, YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE. AND THAT PERFUMARIΔ, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
COMMUNICATIONS
WE CONTINUOUSLY MAKE EFFORTS TO IMPROVE OUR CUSTOMER SERVICE AND SERVICE EFFICIENCY. ANY SUGGESTIONS, FEEDBACK, IDEAS OR COMMUNICATION YOU PROVIDE US WILL HELP US GET ACHIEVE THIS GOAL. CONSEQUENTLY, IF YOU ARE ON OUR MAILING LIST, WE MAY SEND YOU OPTIONAL SURVEYS, CONTESTS OR PROMOTIONS. ALL THE NON-PERSONAL INFORMATION COLLECTED WILL BE THE PROPERTY OF PERFUMARIE, INC.
POLICY CHANGES
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME. IF OUR INFORMATION PRACTICES CHANGE IN THE FUTURE, WE WILL NOTIFY YOU BY POSTING THE POLICY CHANGES ON OUR WEBSITE. IF YOU HAVE ANY QUESTIONS OR SUGGESTIONS REGARDING OUR PRIVACY POLICY, YOU MAY CONTACT US AT LEGAL@PERFUMARIE.COM.
DUTY TO NOTIFY AND INDEMNIFY / IF AT ANY TIME YOU INTEND TO STOP USING THE MOBILE TELEPHONE NUMBER THAT HAS BEEN USED TO SUBSCRIBE TO THE PROGRAM, INCLUDING CANCELING YOUR SERVICE PLAN OR SELLING OR TRANSFERRING THE PHONE NUMBER TO ANOTHER PARTY, YOU AGREE THAT YOU WILL COMPLETE THE USER OPT-OUT PROCESS SET FORTH ABOVE BEFORE ENDING YOUR USE OF THE MOBILE TELEPHONE NUMBER. YOU UNDERSTAND AND AGREE THAT YOUR AGREEMENT TO DO SO IS A MATERIAL PART OF THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IF YOU DISCONTINUE THE USE OF YOUR MOBILE TELEPHONE NUMBER WITHOUT NOTIFYING US OF SUCH CHANGE, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR ALL COSTS (INCLUDING ATTORNEYSβ FEES) AND LIABILITIES INCURRED BY US OR ANY PARTY THAT ASSISTS IN THE DELIVERY OF THE MOBILE MESSAGES, AS A RESULT OF CLAIMS BROUGHT BY INDIVIDUAL(S) WHO ARE LATER ASSIGNED THAT MOBILE TELEPHONE NUMBER. THIS DUTY AND AGREEMENT SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR AGREEMENT TO PARTICIPATE IN OUR PROGRAMS.
TRADE TERMS OF SERVICE
BY USING OUR SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO ACT OF NOTIFY US OF ANY CHANGES TO THE INFORMATION YOU HAVE PROVIDED, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR LIABILITIES UNDER THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), 47 U.S.C. Β§ 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE EMAIL, MAILING ADDRESS, OR MOBILE TELEPHONE NUMBER YOU HAVE PROVIDED. YOU AGREE TO PROMPTLY UPDATE YOUR CONTACT INFORMATION IN THE EVENT OF ANY CHANGES TO ENSURE THAT WE HAVE ACCURATE AND UP-TO-DATE INFORMATION
THIS AGREEMENT SHALL BE CONSTRUED AND GOVERNED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. ONLY PERFUMARIE, INC. CAN WAIVE, MODIFY, CHANGE OR VARY ANY PROVISION OF THIS CONTRACT OR THESE CONDITIONS, RULES AND REGULATIONS. NO SUCH WAIVER, MODIFICATION, CHANGE OR VARIATION SHALL BE EFFECTIVE OR BINDING UNLESS IT IS SPECIFIED IN WRITING AND SIGNED BY PERFUMARIE, INC. IN THE EVENT ANY PROVISION OF THE CONTRACT IS HELD INVALID OR UNENFORCEABLE, THE BALANCE OF THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. PERFUMARIE, INC. RESERVES THE RIGHT TO RECAPTURE ALL COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, IN ENFORCING THIS CONTRACT.
