Welcome to the Erno Laszlo (ernolaszlo.com) web site (the "site"). You should read the following terms carefully before using this site. Ernolaszlo.com proves the service available on the site to you subject to the following Terms and Conditions. By accessing and using the site, you are acknowledging that you have read, understood, and accept, without limitation or qualification, to be bound by these Terms and Conditions. Erno Laszlo ("we/us/our") may, form time to time; change these Terms in its sole discretion. By using this site after such change, you agree to comply with, and to be bound by, the Terms as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
Privacy
Please review our Privacy Policy, which also governs your visit to the site so that you understand our privacy practices.
Product Descriptions
Ernolazslo.com attempts to be as accurate as possible when describing products; however, this does not warrant that descriptions or other content contain on the site is accurate, complete, reliable, current or error-free. If a product offered in the site is not as described, your sole remedy is to return it in unused condition.
Intellectual Property
All content and technology available on or underlying this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "content") are the property of ernolaszlo.com and protected by United States and international copywrite laws.
The trademarks, logos, and service marks displayed on the site (collectively the "trademarks") are the registered and unregistered marks of ernolaszlo.com in the United States and other countries. All other trademarks not owned by ernolaszlo.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ernolaszlo.com. Except as set forth in the limited license below, neither the site, the trademarks, nor any portion of the site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of ernolaszlo.com.
Limited License
Ernolaszlo.com grants you a limited, revocable, and non-exclusive license to access and make personal use of the site. Please note, however, that you may not frame or utilize framing techniques to enclose the site or any portion thereof without ernolaszlo.com's prior written consent. The limited license does not include the right to modify or download the site or it's contents (accept caching); make any use of the site or its content other that personal use; create any derivative work based upon either the site or its content; collect account information for the benefit of another party; use any meta tags or any other "hidden text" utilizing Erno Laszlo or the trademarks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extracting tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the site terminates this limited license.
Your Account
If you use the site, 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. If you are accessing and using the site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the site. Ernolaszlo.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion.
Third Party Links
Ernolaszlo.com is not responsible for the content of any off-site pages or any other sites linked to the site. Links appearing on the site are not an endorsement by ernolaszlo.com of the referenced content, product, service or supplier. Your linking to or from any other off-site pages or other sites is at your own risk. Ernolaszlo.com is not in any way responsible for examining or evaluating, the offspings of off-site pages or any other sites linked to the site, does not warrant such offerings of such pages or sites, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-site pages and sites. Ernolaszlo.com will not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on this site, nor be responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
Unsolicited Idea Submission
Your acknowledge and agree that ernolaszlo.com is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information, without compensating to you.
Inventory Availability and Back Orders
Inventory information is available for all products. This information can be used to estimate the like hood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will notify you via email. Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. In some cases, we are researching or waiting for stock from one or more of our suppliers. Ernolaszlo.com will make every effort to get the item(s) back in stock as soon as possible, usually within 15 days. If we haven't been able to locate and ship the item(s) to you in 30 days, an order status email will be sent to you. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order, notify you immediately via email, and delete the item from the site's product offerings. Note: we will never charge your credit card until the item ships. Your credit card needs to adjustment upon cancellation. If you paid by check or money order and have cancelled your order, ernlaszlo.com will automatically issue you a refund check. This check will be mailed via U.S. Postal Service to the billing address listed in your ernolaszlo.com account.
Indemnification of Ernolaszlo.com
You agree to defend, indemnify and hold harmless to ernolaszlo.com and the providers for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the site.
Disputes
With respect to any dispute over the site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the law of the United States of America and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York. Any dispute relating in any way to your visit to ernolaszlo.com or to products you purchase through ernolaszlo.com shall be submitted to confidential arbitration in New York. New York except that, to the extent you have in any manner violated threatened to violate ernolaszlo.com or any of the providers' intellectual property rights, ernolaszlo.com or the providers, as the case may be, may seek injunctive or other appropriate relief in any state of federal court in the state of New York, and you consent to exclusive jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement should be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Medical Disclaimer
The statements and products available at the ernolaszlo.com store are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty beauty products.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ERNO LASZLO, INC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU REPRESENT, WARRANT, AND COVENANT THAT (a) YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD; AND (c) YOUR USE OF THE SITE WILL COMPLY WITH TERMS AND CONDITIONS.
General
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between you and ernolaszlo.com concerning your use of the site, and supersede and govern all prior proposals, agreements, or other communications.
Ernolaszlo.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the site. You continued use of the site constitutes your agreement to all such Terms and Conditions. Ernolaszlo.com may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and ernolaszlo.com. The failure of ernolaszlo.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by ernolaszlo.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Ernolaszlo.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ernolaszlo.com as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact ernolaszlo.com at advisor@ernolaszlo.com.
Local Laws and Export Controls
Erno Laszlo does not make any representation that the Site is appropriate or available for use in other locations outside the United States. If you are using the Site in the United States, you are solely responsible for compliance with all applicable laws, including, bit not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal, state laws and with all United States export laws and all other applicable laws. If you use the Site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.
Applicable Law
The laws of the State of New York will govern these disclaimers and terms and conditions, without giving effect to any principles of conflicts of laws. Erno Laszlo reserves the right to make changes to the Site and its disclaimers, policies, and terms and conditions at any time as described above. In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
How to contact us
If you have any questions, comments, requests or concerns related to this Terms and Conditions or the information practices of this Site, or if you would like to opt out of our future communications, please contact us at:
ERNO LASZLO, Inc
Corporate Headquater
519 Broome Street
New York, NY 10013
1-212-373-4700
