Terms & Conditions
Welcome to the Erno Laszlo, Inc. (“Erno Laszlo®,” “we,” “our” and “us”) website located at www.ernolaszlo.com (the “Site”). You agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, Product reviews, testimonials, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) register for an account (“Account”) that enables you to: (i) receive email updates (“Email Updates”) regarding various Erno Laszlo® products and/or services (collectively, “Products”); (ii) purchase Products on the Site; (iii) purchase Erno Laszlo® eGift Cards, which are subject to eGift Card terms and conditions contained hereinbelow (“eGift Cards”); and/or (iv) join the ME+ Rewards Program (“ME+ Program”), which is subject to the ME+ Program terms and conditions contained hereinbelow (“ME+ Program Terms”); (d) access links to Erno Laszlo’s® social media pages/accounts on third party social media websites, such as Facebook®, Google+®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) purchase Erno Laszlo® Products; and/or (f) utilize the Site’s many interactive features designed to facilitate interaction between you, Erno Laszlo® and other Site users including, but not limited to, blogs, comment sections, Product reviews and question and answer options located in designated areas of the Site (collectively, the “Community Forums” and together with the Site, Content, Accounts, Email Updates, Products, eGift Cards, ME+ Program and Social Media Pages, the “Erno Laszlo® Offerings”).
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST ERNO LASZLO®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google. Please be advised that Erno Laszlo® is not in any way affiliated with Facebook, Google, Pinterest or Twitter, and the Erno Laszlo® Offerings are not endorsed, administered or sponsored by any of those parties.
Scope of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Erno Laszlo® Offerings. The Agreement constitutes the entire and only agreement between you and Erno Laszlo® with respect to your use of the Erno Laszlo® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Erno Laszlo® Offerings shall be subject to the Agreement. You understand and agree that Erno Laszlo® is not responsible or liable in any manner whatsoever for your inability to use the Erno Laszlo® Offerings.
Modification of Agreement
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Erno Laszlo® Offerings. By your continued use of any of the Erno Laszlo® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
The Erno Laszlo® Offerings are available only to individuals: (a) who can enter into legally binding contracts under applicable law; and (b) who are over eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) (collectively, the “Eligibility Requirements”). If you do not satisfy the Eligibility Requirements in their entirety, you do not have permission to use and/or access the Erno Laszlo® Offerings.
Site Forms/Your Account
In order to purchase Products, purchase eGift Cards, utilize the Community Forums and/or access certain other Erno Laszlo® Offerings, you may be required to open an Account by submitting a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) the mailing address you would prefer to use (and billing address where purchasing Products); (c) your e-mail address ; (d) your telephone number; (e) your fax number; (f) the day and month of your birth; (g) your age range; (h) your credit/debit card information (where purchasing Products or other Erno Laszlo® Offerings with a credit/debit card); (i) your PayPal® account password, if accepted by Erno Laszlo® (where purchasing Products or other Erno Laszlo® Offerings with a PayPal® account); (j) your password; and/or (k) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain your Account in up to date and accurate fashion.
Erno Laszlo® may reject your Form and/or terminate your Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Erno Laszlo® believes that you are in any way in breach of the Agreement; (ii) where Erno Laszlo® believes that you are engaged in any improper conduct in connection with the Erno Laszlo® Offerings; and (iii) where Erno Laszlo® believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the Erno Laszlo® Offerings.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to same, as well as your computer. You agree to accept responsibility for all activities that occur by and through your Account including, without limitation, any purchases made therethrough. If you are accessing and using the Erno Laszlo® Offerings on someone else’s behalf, you represent and warrant that you have the authority to bind that person as a principal to the Agreement, and you agree to accept liability for any and all harm caused by that person’s wrongful use of the Erno Laszlo® Offerings. Erno Laszlo® reserves the right to refuse access to the Erno Laszlo® Offerings, remove or edit User Content, terminate Accounts and/or cancel any orders placed from an Account for any reason, at any time, in its sole discretion.
Please note: where you opt to pay for Products or other Erno Laszlo® Offerings using your International Checkout™ account, you must submit personal information by and through the International Checkout™ website. Erno Laszlo® is not responsible or liable in any way for the information collection and usage practices, or any act or omission, of International Checkout™.
PayPal® is a registered trademark of PayPal, Inc. Please be advised that Erno Laszlo® is not in any way affiliated with PayPal, Inc., and the Erno Laszlo® Offerings are neither endorsed, nor sponsored, by PayPal, Inc.
The Content, statements, Products and other material made available by and through the Erno Laszlo® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease ; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting any treatment for a health problem, whether offered on the Site or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with the Erno Laszlo® Offerings . The Site is solely an online store for specialty beauty products.
Erno Laszlo® attempts to be as accurate as possible when describing its Products. However, Erno Laszlo® does not warrant that the descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the unused portion, subject to our Shipping and Returns Policy, which can be found Here. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate
Purchasing Products and eGift Cards
Upon completing the applicable Form associated with the purchase of the Product(s) and/or eGift Card(s) that you have added to your shopping cart, and upon providing the requisite Registration Data: (a) the credit card that you provided on the Form (where selected as your preferred payment method); (b) your PayPal® account (where selected as your preferred payment method); or (c) your International Checkout™ account (where selected as your preferred payment method) (collectively, “Payment Method”) will be charged the applicable purchase price for the Product(s) and/or eGift Card(s), plus shipping and handling and applicable sales tax. ALL SALES ARE FINAL AND NON-REFUNDABLE, other than where refunds are expressly permitted pursuant to our Shipping and Returns Policy, which can be found Here.
The fees associated with your purchases will appear on your Payment Method statement through the identifier Erno Laszlo Corporation. [All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) and/or eGift Card(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Erno Laszlo® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Erno Laszlo® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Product(s) and/or eGift Card(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Erno Laszlo’s® authorization to provide and bill for the Product(s) and/or eGift Card(s), as applicable, is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Erno Laszlo’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Product Inventory Availability and Back Orders
The Site contains Product inventory information. This information can be used to estimate the likelihood that a given 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, and hour-to-hour. In rare cases, a Product may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email.
Backordered merchandise includes Products that are not currently in stock. In most cases, these Products are on order from the applicable manufacturers. In some cases, we are researching or waiting for stock from one or more of our suppliers. Erno Laszlo® will make every effort to get the Product(s) back in stock as soon as possible, usually within thirty (30) days. If we are unable to locate and ship the Product(s) to you in thirty (30) days, an order status email will be sent to you. If for any reason we determine that a backordered Product is no longer available, we will cancel the Product from your order, notify you immediately via email and delete the item from the Site’s Product offerings. Please note: we will never charge your credit card, debit card or PayPal® account, as applicable, until the Product ships. If you paid by check or money order and have cancelled your order, Erno Laszlo® will automatically issue you a refund check. This check will be mailed via U.S. Postal Service to the billing address listed in your Account.
Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Erno Laszlo® Offerings. The Content is compiled, distributed and displayed by Erno Laszlo®, as well as third-party content providers (“Third-Party Providers”). Erno Laszlo® does not control the Content provided by Third-Party Providers that is made available by and through the Erno Laszlo® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Erno Laszlo® does not represent or warrant that the Content and other information posted by and through the Erno Laszlo® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Erno Laszlo® will not be responsible for, and Erno Laszlo® undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Erno Laszlo® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
Intellectual Property/Proprietary Rights
The Erno Laszlo® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same (collectively, “Erno Laszlo® IP”), are the sole and exclusive property of Erno Laszlo® and protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Erno Laszlo® Offerings is strictly prohibited. You do not acquire ownership rights in or to any Erno Laszlo® IP or other materials viewed by or through the Erno Laszlo® Offerings. The posting of Erno Laszlo® IP and/or other material by and through the Erno Laszlo® Offerings does not constitute a waiver of any right in or to such Erno Laszlo® IP and/or materials.
The trademarks, logos and service marks displayed by and through the Erno Laszlo® Offerings, including the “Erno Laszlo” name (collectively the “Trademarks”), are the registered and unregistered trademarks of Erno Laszlo ®, in the United States and in all other countries. All other trademarks not owned by Erno Laszlo ® that are made available by and through the Erno Laszlo® Offerings are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Erno Laszlo ®. Except as set forth in the limited license below, the Erno Laszlo® Offerings, Erno Laszlo® IP, Trademarks, and any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose without the prior written consent of Erno Laszlo ® in each instance.
DMCA Notice/Copyright Infringement
Erno Laszlo® reserves the right to terminate the Account of any end-user who infringes upon third-party copyrights. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Erno Laszlo ® has a designated agent for receiving notices of copyright infringement and Erno Laszlo ® follows the notice and take down procedures of the DMCA. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide Erno Laszlo's ® copyright agent with notice of the alleged infringement that includes all the information set forth below. Erno Laszlo’s ® copyright agent can be reached at:
Erno Laszlo, Inc.
Corporate Headquarter-Copyright Agent
129 W 29th Street
New York, NY 10001
Tel: (212) 373-4700
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
User Content that You Submit
The Erno Laszlo ® Offerings may provide you with the opportunity to submit certain material, information and content directly to Erno Laszlo ® and/or to post or disseminate content by and through a Community Forum, or other area of the Site. Such material, information and content may include, without limitation, product reviews, product tips and tricks, photographs, writings, pictures, data, questions, comments, videos, text or suggestions (collectively, "User Content").
While you remain the owner of your User Content, you grant to Erno Laszlo ® an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, publish, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Erno Laszlo is free to use any ideas or concepts contained in any User Content for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services, as well as creating informational articles, without any payment of any kind to you. You authorize Erno Laszlo ® to publish your User Content in a searchable format that may be accessed by end-users of the Site and the Internet. Except as prohibited by law, you waive any moral rights that you may have in any User Content that you submit, even if such User Content is altered or changed in a manner not agreeable to you, or if your User Content is used without being attributed to you.
You agree that Erno Laszlo ® has no obligation to monitor or enforce your intellectual property rights in or to your User Content but has the right to protect and enforce its and its licensees' rights in and to your User Content. You further acknowledge and agree that Erno Laszlo ® will not have any obligation to you with regard to User Content and that Erno Laszlo ® may or may not monitor, display or accept your User Content and may delete it at any time.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others when you submit or post any personal or other information, and in all of your other online activities.
Acceptable Use Policy: Community Usage Rules
Each end-user shall be solely responsible for the User Content posted by that end-user by and through the Community Forums and/or other Erno Laszlo® Offerings. Erno Laszlo® reserves the right to prohibit any conduct by end-users or remove any User Content from the Community Forums and/or other Erno Laszlo® Offerings at any time and for any reason, in Erno Laszlo’s sole discretion. The reasons for removal may include where Erno Laszlo® believes that the User Content posted by an end-user is unsuitable for the Community Forums and/or Site for any reason including, without limitation, where Erno Laszlo® believes that the User Content may violate the terms of the Agreement and/or where an end-user is in violation of the Agreement w. You understand and agree that Erno Laszlo® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Community Forums. The Community Forums contain User Content that is provided directly by end-users of the Site. You agree that Erno Laszlo® shall have no obligation and incur no liability to you in connection with any User Content appearing in or through the Community Forumss. Erno Laszlo® does not represent or warrant that the User Content posted through the Community Forums is accurate, complete or appropriate. You may find certain User Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when accessing the User Content.
When you contribute, upload or otherwise provide User Content to the Site, you agree to comply with the following Community Usage Rules:
User Content must be yours please. All User Content must consist entirely of original work created by you, not copied from someone else's work, and, either: (a) you must have all rights in and to such User Content; OR (b) all persons who contributed in any way in the creation of, or have any rights in or to, your User Content, or otherwise appear in that User Content, have given you express permission to upload and distribute that User Content on the Site and elsewhere by and through the other Erno Laszlo ® Offerings.
No pictures or images of anyone but you and, where expressly permitted by the photographed party, your friends and family. If you choose to upload photos, link to embedded videos and/or include other images of real people in your User Content, such images/videos must either be of you and/or a family member or someone that you know, and even then, only with their express permission to post such images/videos (and in the case of a minor, the express permission of such minor’s parent or legal guardian).
Don't upload third party material. Your User Content should not contain any visible logos, phrases or trademarks or other third-party material. You may not use any User Content or other material that belongs to other people and pass it off as your own. This includes any material or content that you might have found elsewhere on the Internet.
No music please. Your User Content may not contain any music unless the work and performance is an original piece created by you and/or you have all rights in and to the musical work (including any performances). No jingles, sampling or otherwise is permitted in User Content.
Keep it relevant. Your User Content should relate to the Content on the Site and should be intended to add to the discussion and community on the Site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion or private matters).
Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so that we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are strictly prohibited.
Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, ethnicity, national origin, gender, sexual preference, religion or physical handicap or that are defamatory, slanderous, indecent, obscene, abusive, pornographic or sexually explicit.
Do not use the Site for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Site. You may not use your User Content to raise money for any individual or entity, or for a pyramid or other multi-level marketing scheme.
Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, do not upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your User Content. You may not impersonate any other person, end-user or company, or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with any person or company. Without limiting the foregoing, you may not express or imply that any statements you make are endorsed by Erno Laszlo®.
Public forum. We hope that you will use the Community Forums to exchange information and User Content and have discussions with other members. However, please remember that the Community Forums are public forums and User Content that you post on the Community Forums will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Do not share other people's personal information and/or confidential information. Your User Content may not contain any third party confidential and/or proprietary information, or reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Do not damage the Site or anyone's computers. You may not post User Content that contains viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
Do not exploit the Site or other end-users. You may not harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent, or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not use metatags or code or other devices containing any reference to the Erno Laszlo® Offerings in order to direct any person to any other website for any purpose.
ERNO LASZLO EGIFT CARDS TERMS AND CONDITIONS
Using Erno Laszlo eGift Cards
eGift Cards may be redeemed by entering the 12-digit eGift Card ID number at checkout.
There is no limit to the number of eGift Cards that may be applied per order.
You can check the balance of your eGift Card by logging into your Account or, if you do not have an Account and are proceeding as a guest on the Site, via a link in the shopping cart during checkout.
If you have an Account, the eGift Card balance will be available by logging in to your Account, but only once the eGift Card has been linked to that Account. eGift Cards may be linked to an Account by registering the 12-digit eGift Card number where prompted when logged into that Account.
eGift Cards may be used only toward the purchase of Erno Laszlo® Products on the Site. eGift Cards have no monetary value other than in connection with the purchase of Erno Laszlo® Products on the Site.
Unused eGift amounts may be used toward future purchases of Erno Laszlo® Products only.
If a purchase exceeds the amount of the eGift Card(s) used, the balance must be paid with a credit card or other available payment method.
Purchasing eGift Cards
eGift Cards may be purchased online in any one (1) of the denominations made available on the Site.
Promotional offers, coupons and discounts may not be used to or toward the purchase of eGift Cards.
eGift Card purchases will not count towards the accumulation of points in the ME+ Rewards Loyalty Program (but ME+ Rewards members will earn points for purchases paid with eGift Cards).
ALL PURCHASES OF EGIFT CARDS ARE NON-REFUNDABLE AND NON-CANCELLABLE.
eGift Cards may not be used to purchase eGift Cards.
eGift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including, without limitation, via websites, Internet advertisements, email marketing, telemarketing, direct mail marketing, newspaper and magazine advertisements or radio, Internet and/or television broadcasts) unless you obtain Erno Laszlo’s® prior written approval in each instance.
eGift Cards are redeemable for Products, cannot be redeemed for cash or credit unless required by law, have no expiration date and no dormancy or service fees. The eGift Card is not a debit or credit card. The eGift Card may not be resold, transferred for value or applied to any other account, except and only to the extent required by law; attempted resale is grounds for seizure and cancellation without compensation. eGift Cards obtained through unauthorized channels will be considered void. When purchasing an eGift Card as a personal or business gift, you must enter the name and e-mail address of the recipient, where requested, or the eGift Card will be credited to your Account.
Risk of Loss
Title and risk of loss for each eGift Card pass to the recipient immediately upon purchase. Erno Laszlo® is not responsible if eGift Card information is lost, stolen or used without the applicable recipient's permission. If eGift Card information is lost or stolen, Erno Laszlo® may (in its sole discretion) issue a replacement for the balance shown on its records and may require certain verification information from the person requesting the replacement.
Erno Laszlo® has the right, in addition to any other available remedies, to close an end-user’s Account or require alternative forms of payment if a fraudulently obtained eGift Card is redeemed or sought to be redeemed by that end-user.
ERNO LASZLO, INC. AND ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT ID NUMBER IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE TO REPLACE THE EGIFT CARD. CERTAIN STATE/PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY BE INAPPLICABLE AND ADDITIONAL RIGHTS MAY APPLY.
If you have further questions or concerns about the eGift Cards, please contact us at: 1-888-ELASZLO (1-888-352-7956).
ME+ REWARDS LOYALTY PROGRAM TERMS AND CONDITIONS
Overview. The ME+ Rewards Loyalty Program (“ME+ Program”) is a customer reward program that is made available by and through the Site. Eligible users may sign up for a ME+ Program account (“Rewards Account”) by checking the appropriate box on the Account sign-up form made available by and through the Site. You must first register for an Account in order to be eligible to register for a Rewards Account. Customers who sign up for a Rewards Account (“Members”) will be able to earn “Points” with each Qualifying Purchase (defined below) and keep track of and redeem their Points through their Rewards Account.
Eligibility. To participate in the ME+ Program, you must: (a) be able to enter into legally binding contracts under applicable law; (b) be over eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age); and (c) have Internet access. No purchase is necessary to become a Member. Employees of Erno Laszlo® and its parent company, divisions, subsidiaries or affiliates and their respective families (i.e. spouse, partner, parent, legal guardian, in laws, grandparent, child, sibling, grandchildren) are not eligible to participate. Corporations, groups and/or associations are not eligible. It is fraudulent and prohibited for any individual, company, association or group to direct, encourage or allow individuals to use a single Rewards Account for the purpose of accumulating Points for combined use. The ME+ Program is void where prohibited by law. Erno Laszlo® may limit or restrict your ability to participate in the ME+ Program, in its sole discretion, and may void your Points or potential Points that you have accumulated in the ME+ Program if you do not comply with the ME+ Program Terms or any applicable additional terms. You agree to abide by these ME+ Program Terms, the Agreement and/or the decisions of Erno Laszlo®, which are final and binding in all respects, regarding the ME+ Program and your participation in it. Points can be earned and redeemed only on orders processed through our warehouse (for delivery within the US or Canada).
Registration. To participate in the ME+ Program and redeem points, you must visit the Site and follow all links and instructions to sign up for an Account, including, without limitation, indicating your intent to create a Rewards Account and join the ME+ Program. Only one (1) Account and one (1) Rewards Account is permitted per person and per email address. Erno Laszlo® reserves the right, in its sole discretion, to verify the information collected during Account and Rewards Account registration and suspend any Account and/or Rewards Account suspected of fraudulent activity including, without limitation, signing up for multiple Accounts or Rewards Accounts. You are responsible for keeping your personal information current and Erno Laszlo® is not responsible for any incorrect or inaccurate information supplied by any Member.
Earning Points. For every Ten Dollars ($10.00) spent on a Qualifying Purchase, the applicable Member will earn one (1) Point. There is no limit on the number of Points that the applicable Member may earn. Where applicable, Points are based on the subtotal of a Qualifying Purchase after all discounts are applied. If a Qualifying Purchase or part of a Qualifying Purchase is returned, canceled or exchanged, the Points issued for that Qualifying Purchase, or portion thereof, as applicable, will be deducted from the applicable Rewards Account. You will be eligible to start earning points immediately upon enrollment in the ME+ Program. Points earned for a Qualifying Purchase will be added to your Account upon capture of payment by the Site’s servers. A “Qualifying Purchase” is any purchase of Erno Laszlo® Products (excluding taxes and shipping) made on the Site by a Member when he/she is signed into his/her Rewards Account and/or provides his/her Rewards Account information when requested at checkout, including providing the e-mail address and password associated with the Rewards Account, except for the following: (a) purchases made prior to the date on which that Member joined the ME+ Program; (b) purchases of eGift Cards; and/or (c) purchases otherwise in violation of these ME+ Program Terms or the Agreement. You may not use any “bot,” macro, cheat code or other automated means to participate in the ME+ Program and/or to earn Points. Erno Laszlo® reserves the right to withhold Points from any user suspected of activities that violate these ME+ Program Terms , the Agreement or that are otherwise unlawful. Points may not be shared, transferred or combined. Only the Member making the Qualifying Purchase will accumulate the associated Points. If a Member makes a Qualifying Purchase while he or she is not signed into his/her Rewards Account, he/she may contact Erno Laszlo via email at: email@example.com; or by calling us at: 1.888.ELASZLO (1.888.352.7956) and Erno Laszlo may, in its sole discretion, add the Points associated with that Qualifying Purchase to the associated Rewards Account.
Redeeming your Points and restrictions. For every Ten Dollars ($10.00) spent on Qualifying Purchases, Members earn one (1) Point. Points will be issued to the Member’s Rewards Account as accrued (upon capture of payment by the Site’s servers) but can be redeemed only in increments of fifty (50). More than one (1) fifty (50) Point increment may be redeemed in a single transaction (i.e. 50, 100, 150, etc. Points may be redeemed in a single purchase). One (1) Point is equivalent to up to One Dollar ($1.00) off a purchase on the Site. If a purchase total is less than a fifty (50) Point increment, the remaining Points will be returned to the Member’s Rewards Account. Points may be redeemed in combination with another payment method (e.g. debit or credit card). Points cannot be redeemed until credited to the Member’s Rewards Account. Points can only be accumulated and redeemed on the Site, and the Points have no monetary or cash value other than in connection with the purchase of Products by and through the site. A Member’s Point balances can be accessed upon login via a link within that Member’s shopping bag and/or through the "ME+ Rewards" link in that Member’s Rewards Account. Members may choose the number of available Points (in increments of fifty (50) Points only) to apply to a purchase in their shopping bags. Points do not apply to shipping and handling costs. Members must be logged in to their Rewards Accounts in order to redeem Points.
Erno Laszlo® is not responsible for Points that are lost or redeemed due to fraudulent activity. Suspected illegal, fraudulent or otherwise unauthorized use or misuse of Erno Laszlo® issued Points, eGift Cards, vouchers, coupons and/or certificates, or any other activity inconsistent with these ME+ Program terms or the Agreement will result in termination of a Member’s Rewards Account and that Member will not be permitted to participate in the ME+ Program at any point in the future. Terminated Rewards Accounts may result in the loss of all associated accumulated Points earned, but not yet issued, as well as Points issued but not yet redeemed. In addition, Erno Laszlo® shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Erno Laszlo® reserves the right to audit Rewards Accounts at any time. Points have no cash value, may not be redeemed with Erno Laszlo® for cash or exchanged with any third party for cash unless required by law. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You agree that you will not re-sell any Points or items purchased with your Points. You are solely responsible for all federal, state/provincial and local taxes and any other costs or expenses associated with accepting and using the Points, or items purchased with the Points, unless Erno Laszlo® specifically states otherwise in writing. Except where prohibited by law, and subject to your compliance with these ME+ Program Terms and the Agreement, Points may be redeemed for up to two (2) years after being added to your Rewards Account, except in the event of termination of this Program as set forth below. If Points are not redeemed in accordance with the prior sentence, they will be forfeited.
Purchases made with Points are subject to the Site’s Shipping and Return Policy, except that the Point value of the items purchased will be credited to the applicable Rewards Account and no cash value will be received for the items returned.
Modifications and Termination of the ME+ Program. Erno Laszlo® reserves the right to modify the ME+ Program including, without limitation, these ME+ Program Terms, the methods by which Members may collect Points, the number of Points associated with the purchase of Qualifying Purchases or other activities, the types of purchases that qualify as Qualifying Purchases, the number of Points that may be redeemed through the ME+ Program and any of the options made available to Members with respect to their Rewards Accounts, at any time, with notice, even though these changes may affect a Member's ability to accrue and/or use his/her Points. Erno Laszlo® reserves the right to terminate or temporarily suspend the ME+ Program at any time, for any reason, with notice even though termination may affect a Member's ability to accrue and/or use his/her Points. In the event of an early termination, Erno Laszlo® will use reasonable efforts to provide Members with ninety (90) days’ notice prior to the Program termination date to redeem their Points.
Limitation of Liability. Erno Laszlo® is not responsible or liable in any way for: (a) any errors or inaccuracies in the counting of Points, Qualified Purchases or other aspects of the ME+ Program; (b) incorrect or inaccurate transcription of information; (c) problems related to any of the equipment or programming associated with the ME+ Program or otherwise utilized by any Member; (d) any human error; (e) any interruption, deletion, omission, defect or line failure of any telephone network, cellular network, telecommunications network or electronic transmission; (f) problems relating to computer equipment, software and/or hardware; (g) inability to access the Site or online service; and/or (h) any other technical or non-technical error or malfunction.
All questions or disputes regarding eligibility for the ME+ Program, collecting or redemption of Points or a Member’s compliance with these ME+ Program Terms will be resolved by Erno Laszlo® in its sole discretion, and all such determination shall be final and binding on you.
Social Media Pages
The Site contains links to the various Erno Laszlo® Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Erno Laszlo® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Erno Laszlo® grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Erno Laszlo® Offerings and associated Erno Laszlo® IP. Erno Laszlo® may terminate this license at any time for any reason. Please note, however, that you may not frame or utilize framing techniques to enclose the Erno Laszlo® Offerings, Erno Laszlo® IP or any portion thereof without Erno Laszlo’s® prior written consent in each instance. This limited license does not include the right to: (a) modify or download the Erno Laszlo® Offerings and/or Erno Laszlo® IP (except caching); (b) make any use of Erno Laszlo® Offerings and/or Erno Laszlo® IP other than for personal use; (c) create any derivative work based upon either the Erno Laszlo® Offerings and/or Erno Laszlo® IP; (d) collect end-user information for the benefit of another party; (e) use any meta tags or any other “hidden text” utilizing “Erno Laszlo” or other Trademarks without our express written consent; (f) use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Erno Laszlo® Offerings except as expressly permitted by Erno Laszlo® ; (g) reproduced the Erno Laszlo® Offerings and/or Erno Laszlo® IP in any form or incorporated into any information retrieval system, electronic or mechanical; (h) use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Erno Laszlo® Offerings and/or Erno Laszlo® IP , or any portion thereof; or (i) 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 Erno Laszlo® Offerings and/or Erno Laszlo® IP automatically terminates this limited license. You further agree to indemnify and hold harmless Erno Laszlo® for your failure to comply with this section. Erno Laszlo® reserves any rights not explicitly granted in the Agreement.
Third Party Links
The Site contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Erno Laszlo® is not responsible for the content of any off-Site web pages or any other website linked to from the Site. Erno Laszlo® does not control the information, products or services available on or through these third-party websites. Links appearing on the Site are not an endorsement by Erno Laszlo® of the content, products, services or practices of the third-party website. Your decision to visit and/or use any off-Site webpages and/or third-party websites is at your own risk. Because Erno Laszlo® has no control over such websites and resources, you agree that Erno Laszlo® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Erno Laszlo® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Unsolicited Idea Submissions
You acknowledge and agree that Erno Laszlo® 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 you.
You agree to indemnify and hold Erno Laszlo®, its parents and subsidiaries, and each of their respective agents, contractors, officers, directors and employees from and against any claim, complaint, demand, action, investigation, inquiry, suit, settlement or other proceeding, whether brought by a third party, attorney general or other government agency and including, but not limited to, all damages, losses, injuries, liabilities, judgments, costs and expenses arising therefrom (including costs of settlement, court costs and reasonable attorney’s fees) arising out of or relating to: (a) your improper and/or unauthorized use of the Erno Laszlo® Offerings, Erno Laszlo® IP and/or Trademarks; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this section are for the benefit of Erno Laszlo®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties
THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ERNO LASZLO® MAKES NO WARRANTY THAT THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ERNO LASZLO® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE ERNO LASZLO® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ERNO LASZLO® OR OTHERWISE THROUGH OR FROM THE ERNO LASZLO® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.WITHOUT LIMITING THE FOREGOING, ERNO LASZLO® DOES NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED BY OR THROUGH THE ERNO LASZLO® OFFERINGS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ERNO LASZLO® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ERNO LASZLO® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE ERNO LASZLO® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ERNO LASZLO® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ERNO LASZLO® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE ERNO LASZLO® OFFERINGS, ERNO LASZLO® IP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR ERNO LASZLO® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION.THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ERNO LASZLO®. ACCESS TO THE ERNO LASZLO® OFFERINGS AND/OR ERNO LASZLO® IP WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY SET FORTH ABOVE (INCLUDING WITH RESPECT TO CERTAIN PRODUCTS LIABILITY CLAIMS) AND IN SUCH JURISDICTIONS THE LIABILITY OF ERNO LASZLO® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Local Laws and Export Controls
Erno Laszlo® does not make any representation that the Site and/or other Erno Laszlo® Offerings is/are appropriate or available for use in locations outside of the United States or Canada. Regardless of the location from which you access the Site and/or other Erno Laszlo® Offerings, you are solely responsible for compliance with all applicable laws associated with using the Site and/or other Erno Laszlo® Offerings, as applicable, including, but not limited to, import and export rules, regulations, interpretations and determinations of any regulatory authority.
Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Erno Laszlo® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
California User Consumer Rights
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
Relationship of the Parties; Waiver; Severability
Nothing contained in the Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between you and Erno Laszlo®. The failure of Erno Laszlo® to require your performance of any provision contained in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Erno Laszlo® of a breach of any provision of the Agreement be taken or held to be a waiver of the provision itself. In the event that any provision of the Agreement is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Erno Laszlo® 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 Erno Laszlo® as reflected in the original provision.
How to Contact Us
If you have any questions, comments, requests or concerns related to the Agreement or the Erno Laszlo® Offerings, or if you would like to opt-out from the receipt of future communications from us, please contact us at:
Erno Laszlo, Inc.
129 W 29th Street, 7th Floor
New York, NY 10001
Tel: (212) 373-4700