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Sunday, 08 July 2007
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Introduction
Welcome to PROVICI.com, which is a service of PROVICI Cosmetics (referred to throughout this site as "PROVICI", "PROVICI Online Store", "PROVICI.com", and the "Site"). We strive to promote excellence in our products and services and hope you enjoy your visit. PROVICI operates an online store within the PROVICI domain at www.PROVICI.com, and this store is accessed by you pursuant to these Terms of Service. Please review the following rules and guideline which govern how, when and where you use the PROVICI site and any other PROVICI web pages within the PROVICI domain.
All users of this Site unconditionally agree that their access to and use of this website are subject to the terms and conditions set forth in this Terms of Service, and that any such access or use is undertaken at the user's own risk. These terms and conditions further are subject to change at any time without prior notice. Any such changes will be reflected on the Terms of Service page of the Site, and users of the Site should regularly check for any updates or changes to the PROVICI Terms of Service.
Privacy
PROVICI takes privacy very seriously. We will not provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent. We do not collect personally identifiable information about you, except when you provide it to us directly or through a third party. For example, if you decide to complete a user registration form, complete an online survey or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number), age group, gender and product and/or cosmetic concerns, and the brands and products you use. If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the Site must also enter a user name/email address and password. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
When you submit your personally identifiable information on the Site, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy.
If you opt-in during the Site registration process or at other times when you submit personally identifiable information, the information you provide may be used by PROVICI to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information, cosmetics tips or promotions (“Opt-In Emails”). If you prefer not to receive such Opt-In Emails, please do not opt-in to receive these emails. If you do opt-in and later decide that you would no longer like to receive these emails, you may unsubscribe using the fields found on the left of our home page. You may receive the benefit of hearing from PROVICI Cosmetics via email or phone even if you have not opted-in to receive email.
If you have elected to provide us with your contact information, e.g., by registering at the Site, emailing our Customer Service department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all registered users will receive a welcoming email to confirm their registration. We may also contact you to respond to product questions or concerns that you may express. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that PROVICI offers its customers.
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
Use of This Site and Customer Age
By using this Site and therefore accepting the Terms of Service, you are certifying that you are at least 13 years old. If you are under the age of 13, you may browse the site but may not register or make a purchase. If you are at least 13 years of age and are using this Site, you must unconditionally accept these Terms of Service. If you are under 18, you may only make purchases with the consent of a parent or guardian. If you provide any untruthful or inaccurate billing or registration information, you are violating these Terms of Service. When you confirm your purchase during the transaction process, you agree to accept and pay for the product(s) requested.
Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, annotations, bibliographic product data, and software (the "Content"), is the property of PROVICI or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of PROVICI and is protected by Canadian and international copyright laws. All software used on this site is the property of PROVICI or its software suppliers and is protected by Canadian and international copyright laws.
The terms PROVICI®, PROVICI Cosmetics®, Makeup for Your Inner Celebrity™, An Exciting Line of Prestige Cosmetics™, and Glam on the Go™ are Trademarks of PROVICI. All rights reserved.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from PROVICI.
Disclaimers
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. PROVICI DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF PROVICI, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT PROVICI DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
PROVICI DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. You agree to use the Site and any service at your sole risk and that PROVICI and its affiliates shall have no liability to you for content or products that may be deemed offensive, indecent, or objectionable.
Limitation of Liability
IN NO EVENT SHALL PROVICI, 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 WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF PROVICI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PROVICI'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50). 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.
Your Account
If you choose to use this Site, you might be given an account with PROVICI. You are responsible for maintaining the confidentiality of your account's username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account's username and password.
Risk of Loss and Shipping
All items purchased from PROVICI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. PROVICI may offer certain shipping options with order tracking that you can select during the transaction. If you select a shipping option without tracking, you will be unable to track the delivery of the product(s) purchased.
Expected shipping dates and delivery times are provided as a convenience to you, and are not free from error. In the event a purchased product is unavailable for shipment because it is not in stock, either because the product is on backorder or has yet to be released, PROVICI will ship such product within 24 to 48 hours of such product becoming available for shipment.
Content Accuracy
PROVICI does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. PROVICI reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Under no circumstances shall PROVICI, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the PROVICI website. Also, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Pricing
While PROVICI attempts to avoid pricing errors, some such errors may occur. PROVICI cannot confirm the price of an item until after you have placed your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, PROVICI, at its sole discretion, has the right to refuse or cancel any orders placed for that item.
Third Party Links
This Site will contain links to other websites that are not owned, operated or controlled by PROVICI or its affiliates. All such links are provided solely as a convenience to you for informational purposes. If you use such links, you will leave the PROVICI Site. Neither PROVICI nor any of its affiliates are responsible for any content, materials or other information located on or accessible on any other website; nor does PROVICI or its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible on such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk.
Challenge of Service
Any Challenge of Service relating in any way to your visit to PROVICI or to the products you have purchased through PROVICI shall be submitted to confidential arbitration in the Province of Manitoba. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration and Mediation Institute of Canada. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
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