Thank you for visiting www.giovannicosmetics.com. This Site is made available by Giovanni Cosmetics, Inc. All content, information, and services provided on and through this Site may be used only on the following terms. The words “our,” “we” and “us” refer to Giovanni Cosmetics, Inc. unless the context clearly provides otherwise.
Using this Site Means You Agree to These Terms.
BY USING THIS SITE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE. These terms restrict your rights and remedies and provide protection to Giovanni Cosmetics, Inc. These also include warranty disclaimers and disclaimers of liability. By using this Site you acknowledge and agree (a) this is a fair balance because this Site is accessible by you at no charge; and (b) if you don't agree or don't want to accept these Terms, you can simply not use this Site. If anything is in these Terms, including warranty and liability disclaimers, that you disagree with or are not willing to be bound by, or if something is missing from these Terms that you consider essential, then you must not use this Site. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE THIS SITE
Your User License.
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content according to these terms. If you are under age 18, you may use this Site only with the consent and involvement of your parent or guardian.
This Site is hosted in California. We make no representation that any material on the Site is appropriate or available for use in any particular location or jurisdiction. Accessing this Site from territory where the contents are illegal is prohibited. Accessing this Site from other locations is at your own initiative and you are responsible to comply with local laws, including laws on the viewing or receipt of contents of this Site, or on transmission of technical data exported from the United States or the territory where you reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site. You agree to indemnify defend and hold harmless Giovanni Cosmetics, Inc. from any claim, damage, loss, liability, cost, and expense, including attorneys' fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that is a criminal offense, or gives rise to civil liability, or otherwise violates any law, is prohibited.
Limits on Your Use.
No material from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without Giovanni Cosmetics, Inc.’s prior written consent. You may not, without our prior written consent, frame or mirror any material contained on this Site on any other server or other location. Unauthorized use of any such material on any other Web site or computer environment or elsewhere is prohibited.
The Site design, text, content, selection and arrangement of elements, organization, graphics, images, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under copyright laws. COPYRIGHT 2009 GIOVANNI COSMETICS, INC. ALL RIGHTS RESERVED. Posting of any elements on this Site does not waive any right in those elements. You do not acquire ownership rights to any elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Giovanni Cosmetic's prior written consent.
Giovanni Cosmetics, Inc., “Giovanni” our various logos, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Giovanni Cosmetics, Inc. (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without prior written consent of Giovanni Cosmetics, Inc., is prohibited.
Site Warranty Disclaimer.
OUR SITE AND CONTENTS ARE PROVIDED "AS IS" WHERE IS,” "AS AVAILABLE," WITH ALL FAULTS, AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OR ANY OTHER ASPECT OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
Limitation of Liability.
IN NO EVENT WILL GIOVANNI COSMETICS, INC. OR ITS PERSONNEL BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Errors and Corrections.
We do not warrant or represent that the Site is or will be error-free. Data entry errors or other technical problems sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracy or typographic error, including pricing, quantity and availability of products and services, and shall have no liability for errors. If a product or service is listed at an incorrect price or incorrect quantity or other incorrect aspect due to error in pricing or other information, we shall have the right to refuse or cancel any order placed for that product or service. We can refuse or cancel any order whether or not the order was confirmed and/or charged.
We may make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe can be improved, or that is incorrect, please tell us. The "Contact Us" section, below, tells how to reach us.
Giovanni Cosmetics provides goods and services on an equal opportunity basis. We do not discriminate in any manner prohibited by law. If you believe Giovanni Cosmetics, Inc. can improve how we offer or deliver our goods and services, including this Site, please let us know.
We are pleased to hear from Site users and welcome your comments regarding our content and services. Any suggestions, ideas, concepts, material or other information you submit to, or send via, this Site ("Submissions") shall become, and shall remain, our exclusive property. We shall have no obligation of any kind with respect to Submissions and shall be free to use and disclose Submissions to others without limitation.
These Terms are governed by and construed according to California law, without giving effect to conflict of law principles. The headings in these Terms are just for convenience to make these terms easier to use. Headings aren't allowed to be used to interpret these Terms. These Terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
Passive Site; Governing Law and Jurisdiction.
This is a passive site that does not provide for active interaction between you and content of the Site. By accessing this Site, you are electing to visit us at our host location in California. You accept jurisdiction in California over any dispute that may arise from your accessing, visiting or using this Site. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to personal jurisdiction of any federal or state court located in, or whose district includes, Los Angeles County, California. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions.
Time Limit to Make a Claim.
The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises, and if not brought within the shorter of these times, the claim is barred.
Yours and Our Entire Agreement.
These Terms are our entire agreement about your use of this Site.
Changes To These Terms.
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately on posting. The date of the newest version is posted below. Please feel welcome to check frequently, especially before you use this Site, to see if these Terms have changed. Use of the Site after any changes to the Terms constitutes your consent to the changes.
If you have any concern about the Site or these Terms, please send an e-mail to email@example.com, or call us toll-free at 1-800-563-5468. We will make a reasonable effort to address your concerns and remedy any problems you bring to our attention.
Updated and effective January 29, 2009.
Copyright 2009 Giovanni Cosmetics, Inc. All Rights Reserved