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Terms of Use
(Last updated February 18, 2008)
Lara Beauty’s Terms of Use are presented below. By accessing any area of larabeauty.com you acknowledge the notices and accept these conditions.
License to use site
Lara Beauty grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you may not download from (other than page caching) or modify the site, except with express written consent of Lara Beauty. This license does not include 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 Lara Beauty. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lara Beauty and our affiliates without express written consent. You may not use any meta tags, meta names or any other "hidden text" utilizing Lara Beauty's name or trademarks without the express written consent of Lara Beauty. Any unauthorized use terminates the permission or license granted by Lara Beauty.
Your account
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, including all purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You agree to authorize Lara Beauty to charge purchases you make on-line to the credit card you supplied to Lara Beauty when you purchased any products and/or services offered on the larabeauty.com website. If you are under 18, you may use Lara Beauty only with involvement of a parent or guardian. Lara Beauty and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Copyrights & trademarks
Lara Beauty and larabeauty.com and other marks indicated on our site are trademarks of Litmark Distributing Inc. Nothing contained on the larabeauty.com website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying Lara Beauty and/or its affiliates and related companies or their respective products and services displayed on the larabeauty.com website, without the expressed written consent of Lara Beauty or such third party that may own such trademarks, logos and other names displayed on the larabeauty.com website.
Use of intellectual property
No information or material from the larabeauty.com website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the larabeauty.com website and any content accessed through the larabeauty.com website.
You will use the larabeauty.com website and any content, material, or information found on the larabeauty.com website solely for lawful purposes. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the larabeauty.com website.
Lara Beauty has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the larabeauty.com website, and Lara Beauty is not responsible for any of this material or information. However, Lara Beauty reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
You hereby grant to Lara Beauty a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the larabeauty.com website and/or to incorporate it in other works regardless of form, medium or technology.
Disclaimer of warranties and limitation of liability
ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LARA BEAUTY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF LARA BEAUTY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT LARA BEAUTY DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LARA BEAUTY DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. LARA BEAUTY DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
IN NO EVENT SHALL LARA BEAUTY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF LARA BEAUTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LARA BEAUTY TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You shall indemnify and save harmless Lara Beauty, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site ONLINE SHOPPING. In order to purchase through this Internet Site you must be the age of majority in your province/territory/state of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Lara Beauty reserves the right to limit the quantities of certain products that you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, Lara Beauty may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at any time.
Errors, inaccuracies or omissions
Lara Beauty makes every effort to ensure that the content on this Internet Site is complete and current. However, Lara Beauty does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Lara Beauty reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you. Further, Lara Beauty reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Lara Beauty shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Lara Beauty. Please also see our Returns Policy.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing law
The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
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