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Orders
You may order products from our Sites only if you have reached the age of the majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from our Sites, you agree to be bound by these TOU as well as our Privacy Policy, our Shipping Policy, our Payment Policy, and our Return and Exchange Policy.We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any unauthorized party. You are not permitted to resell any products or services purchase through any of the Sites for commercial purposes.By purchasing from the Sites, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect any unpaid debt and to obtain credit card authorization.Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Sites and store or between geographies. Prices displayed on rachelzoe.com are quoted in USD and are valid and effective only in the U.S.
Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO LOST BUSINESS OR LOST SALES, PROFITS , OR GOODWILL, OR THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, OR YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILLFUL MISCONDUCT OR OTHERWISE) ARISING FROM THESE TOU OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDER DOLLARS ($100). ALL USERS OF THE SITES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE BEEN ENTERED INTO THESE TOU WITHOUT THESE LIMITATIONS ON LIABILITY.
TERMS & CONDITIONS
Subject to these TOU, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these TOU. The Sites and Site Content (or any of our products advertised or sold on the Sites) may not be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under the law.
Trademarks
The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.